§ 24. Breach of franchise

If either party to this franchise materially breaches their terms, covenants, provisions, rights or obligations of this franchise, the complaining party shall notify the other party with 60 days' prior written notice of its intent to terminate this franchise and the party committing such breach shall have 90 days from receipt of the breach notice to cure the same. Any failure by the party committing said breach to cure the breach within the 30-day period authorizes the injured party to immediately terminate this franchise upon written notice to the breaching party. A "material breach" is defined to include, but not to be limited to, failure to timely pay a franchise fee, pole rentals and/or any other timely pay franchise, failure to complete performance tests as required, the city's permitting access to streets, alleys, sidewalks, public easements and other rights-of-way, and to furnish accounting and books of financial and operation records.