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In case of failure on the part of the Company, its successors, and assigns to comply with any of the provisions of this Ordinance, of if the Company, its successors, and assigns should do or cause to be done any act or thing prohibited by or in violation of the terms of this Ordinance, the Company, its successors, and assigns shall forfeit all rights and privileges granted by this Ordinance and all rights hereunder shall cease, terminate and become and null and void, provided that said forfeiture shall not take effect until the City serves a written notice, by certified registered mail, upon the manager of the Company, at its principal office in the City, setting forth in detail in such notice, the neglect or failure complained of, and the Company shall have ninety (90) days thereafter in which to comply with the conditions of this Franchise. If at the end of such ninety (90) day period the City deems that the conditions of this Franchise have not been complied with by the Company and that this Franchise is subject to cancellation by reason thereof, the City, in order to terminate this Franchise, shall send notice of termination of the franchise by certified registered mail, to be effective sixty (60) days after the date of such notice. The letter shall set out the grounds upon which the franchise is to be cancelled or terminated. If within sixty (60) days after the letter has been sent the Company shall not have instituted an action, either in the District Court of Shawnee County, Kansas, or in some other court of competent jurisdiction to determine whether or not the Company has violated the terms of this Franchise and that this Franchise is subject to cancellation by reason thereof, this Franchise shall be canceled and terminated at the end of such sixty (60) day period. If within such sixty (60) day period after the letter has been sent, the Company does institute an action, as above provided, to determine whether or not Company has violated the terms of this Franchise and that this Franchise is subject to cancellation by reason thereof, and prosecutes such action to final judgment with due diligence, then, in such event, if the court finds that this Franchise is subject to cancellation by reason of the violation of its terms, this Franchise shall terminate thirty (30) days after such final judgment is rendered or an appeal therefrom becomes final. The failure of the Company to comply with any of the provisions of this Ordinance or the doing or causing to be done by the Company of anything prohibited by or in violation of the terms of this Ordinance shall not be a ground for the forfeiture thereof when such act or omission on the part of the Company is due to any cause or delay beyond the control of the Company, its successors and assigns, or bona fide legal proceedings. (Ord. 18295 § 9, 7-20-04.)