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1. the Grantee is found to have violated any material provision of this <br /> Franchise; or <br /> 2. the Grantee is found by a court of competent jurisdiction to have practiced <br /> any fraud or deceit upon the Grantor. <br /> B. The Grantor shall give the Grantee thirty (30) calendar days written notice of its <br /> intent to exercise its rights under this Section, stating the reasons for such action. <br /> If the Grantee cures the problem within the thirty (30) day notice period, or if the <br /> Grantee initiates substantial effort to remedy the stated problem, and the efforts <br /> continue in good faith, then the Grantor shall not have the right to declare a <br /> breach of the Franchise. If the Grantee fails to cure the stated violation within the <br /> thirty (30) day notice period, or if the Grantee does not undertake commercially <br /> reasonable efforts to remedy the violation, then the Grantor, upon thirty (30) <br /> calendar days notice to the Grantee, shall schedule a public hearing to review the <br /> facts and determine whether there is a basis to declare a forfeiture of this <br /> Franchise. At such hearing, the Grantee shall have the right to be heard and <br /> present evidence in a fashion consistent with the rules of evidence and standards <br /> governing judicial proceedings. The Grantor shall have the burden of proof. The <br /> Grantor shall issue a written decision,based on the evidence in the record, setting <br /> forth its findings of fact and conclusions of law. The Grantee shall have the right <br /> to appeal any such decision with respect to errors of fact or law to a court of <br /> competent jurisdiction. <br /> Section 19. Expiration and Renewal <br /> Applicable state and federal law shall govern renewal of this Franchise. <br /> Section 20. Forum for Litigation <br /> Any litigation between the Grantor and the Grantee arising under or regarding this <br /> Franchise shall occur, if in the state courts, in Orange County Superior or District Court <br /> having jurisdiction thereof, or if in the federal courts, in the United States District Court <br /> for the Middle District of North Carolina. <br /> Section 21. Notice <br /> Any notice required under this Franchise shall be sufficient if in writing and (1) delivered <br /> personally to the following addressee; or (2) deposited in the United States Mail, postage <br /> prepaid, certified mail, return receipt requested; or (3) delivered by a reputable overnight <br /> courier service addressed as follows, or to such other address as the receiving party <br /> hereafter shall specify in writing: <br /> 1. To the Grantor: County Manager; Orange County; PO Box 8181, <br /> Hillsborough,NC 27278 <br /> 14 <br />