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2025 Ordinances
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Last modified
12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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12.6. 1. At the designated hearing, consistent with applicable federal and <br />state law, Franchisee shall be provided a fair opportunity for full participation, including the right <br />to be represented by legal counsel, to introduce relevant evidence, to require the production of <br />evidence consistent with applicable federal and state law, to compel the relevant testimony of <br />persons as permitted by law, and to question and/or cross examine witnesses. A complete <br />verbatim record and transcript shall be made of such hearing, the cost of which shall be shared <br />by the Franchisee and the LFA. <br />12.6.2. Following the public hearing, Franchisee shall be provided up to <br />thirty (30) days to submit its proposed findings and conclusions in writing and thereafter the <br />LFA shall determine (i) whether an event of default has occurred; (ii) whether such event of <br />default is excusable; and (iii) whether such event of default has been cured or will be cured by <br />the Franchisee. The LFA shall also determine whether to revoke the Franchise based on the <br />information presented, or, where applicable, grant additional time to the Franchisee to affect any <br />cure. If the LFA determines that the Franchise shall be revoked, the LFA shall promptly provide <br />Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such <br />determination of the LFA to an appropriate court. Franchisee shall be entitled to such relief as <br />the court finds appropriate. Such appeal must be taken within sixty (60) days of Franchisee's <br />receipt of the determination of the franchising authority. <br />12.6.3. The LFA may, at its sole discretion, take any lawful action which it <br />deems appropriate to enforce the LFA's rights under the Franchise in lieu of revocation of the <br />Franchise. <br />13. MISCELLANEOUS PROVISIONS <br />13.1. Actions of Parties: In any action by the LFA or Franchisee that is <br />mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, <br />and timely manner. Furthermore, in any instance where approval or consent is required under <br />the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or <br />conditioned. <br />13.2. Binding Acceptance: This Agreement shall bind and benefit the parties <br />hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, <br />successors and assigns, and the promises and obligations herein shall survive the expiration date <br />hereof. <br />13.3. Preemption: In the event that federal or state law, rules, or regulations <br />preempt a provision or limit the enforceability of a provision of this Agreement, the provision <br />shall be read to be preempted to the extent, and for the time, but only to the extent and for the <br />time, required by law. In the event such federal or state law, rule or regulation is subsequently <br />repealed, rescinded, amended or otherwise changed so that the provision hereof that had been <br />preempted is no longer preempted, such provision shall thereupon return to full force and effect, <br />and shall thereafter be binding on the parties hereto, without the requirement of further action on <br />the part of the LFA. <br />
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