In case of failure on the part of Grantee to comply with any of the provisions of this Agreement, or if Grantee should do or cause to be done any act or thing prohibited by or in violation of the terms of this Agreement, Grantee shall forfeit all rights, privileges and the franchise granted herein, and all such rights and privileges and hereunder shall cease, terminate and become null and void, and this Agreement shall be deemed revoked or terminated, provided that said revocation or termination, shall not take effect until the City has completed the following procedures: Before the City proceeds to revoke and terminate this Agreement, it shall first serve a written notice upon Grantee, setting forth in detail the neglect or failure complained of, and Grantee shall have sixty (60) days thereafter in which to comply. If at the end of such sixty (60) day period the City deems that the conditions have not been complied with, the City shall take action to revoke and terminate this Agreement by action of the Governing Body, setting out the grounds upon which this Agreement is to be revoked and terminated; provided, to afford Grantee due process, Grantee shall first be provided reasonable notice of the date, time and location of the Governing Body’s consideration, and shall have the right to address the Governing Body regarding such matter. Nothing herein shall prevent the City from invoking any other remedy that may otherwise exist at law. Upon any determination by the Governing Body to revoke and terminate this Agreement, Grantee shall have thirty (30) days to appeal such decision to the District Court of Shawnee County, Kansas. This Agreement shall be deemed revoked and terminated at the end of this thirty (30) day period, unless Grantee has instituted such an appeal. If Grantee does timely institute such an appeal, such revocation and termination shall remain pending and subject to the district court’s final judgment. Provided, however, that the failure of Grantee to comply with any of the provisions of this Agreement or the doing or causing to be done by Grantee of anything prohibited by or in violation of the terms of this Agreement shall not be a ground for the revocation or termination thereof when such act or omission on the part of Grantee is due to any cause or delay beyond the control of Grantee or to bona fide legal proceedings. (Ord. 20044 § 10, 12-20-16.)