A. The refusal, failure, or neglect of a grantee to file any of the reports, perform the tests or to provide access to books and records or to its system as required under this chapter where such refusal, failure or neglect is not remedied following due notice and an opportunity to cure; or the repeated refusal, failure or neglect to comply, even if individual failures are corrected after notice and opportunity to cure; or the inclusion of any materially false or misleading statement or representation in any report, shall be deemed a material breach of the franchise.

B. For purposes of this section, notice is sufficient if the franchise manager (or the finance director with respect to financial reports) notifies the grantee in writing that grantee has failed to provide a requested report, perform a test, or provide access to books and records or to its plant. A grantee will be deemed to have failed to cure unless it provides the requested reports, performs the tests or provides the access to books and records and to its plant as provided in the franchise. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).