§ 7. Forfeiture of franchise.

I.

In addition to all other rights and powers pertaining to the city by virtue of this franchise or otherwise, the city reserves the right to terminate and cancel this franchise and all rights and privileges of the grantee hereunder in the event that the grantee:

(a)

Violates any material provision of this ordinance or any rule, order or determination of the city or city commission made pursuant to this ordinance, except where such violation is without grantee's fault or through excusable neglect. The city shall have the right to determine, in its sole discretion, whether any violation or violations are material.

(b)

Becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt.

(c)

Attempts to evade any of the provisions of this ordinance or practices any fraud or deceit upon the city or subscriber, or engages in any unfair, misleading or deceptive marketing tactics.

II.

Such termination and cancellation shall in no way affect any of the city's rights under this ordinance or any provisions of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as made by the city commission or its representative shall be conclusive. Provided, however, that before this ordinance may be terminated and cancelled under this section, the grantee must be provided with an opportunity to be heard before the city commission.