SEC. 11.19. FORECLOSURE/ASSIGNMENT FOR CREDITOR'S BENEFIT/APPOINTMENT OF A RECEIVER.

The following events shall constitute a Material Breach of this Chapter or a Franchise:

(1) Foreclosure or other judicial sale of any of the Facilities, equipment or property of a Grantee in the Franchise Area necessary for the provision of the Service for which the Franchise was granted where the Bona Fide Institutional Lender does not enter into an operating agreement for the use and operation of the Facilities with an Operator approved by the City in writing, in a form acceptable to the City Attorney; or

(2) An assignment for the benefit of creditors; or

(3) The appointment of a receiver or trustee to take over the business of the Grantee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

The City shall provide an Applicant the opportunity to protect from disclosure to the public any information contained in a Proposal that is proprietary, trade secret or is otherwise protected from disclosure under the California Public Records Act (Cal. Gov't Code Section 6254, et seq.), the City's Sunshine Ordinance (S.F. Admin. Code Chapter 67) and other Applicable Law by (a) permitting an Applicant to submit the information under seal; and (b) making reasonable efforts to notify an Applicant in advance if the City determines that it must disclose any information provided under seal or clearly and obviously identified as proprietary, trade secret, or otherwise protected from disclosure. In the event the City seeks to disclose, or receives a request for disclosure of such information, the City shall inform the affected Applicant either that the City will refuse to disclose the protected information or, if there is no proper basis for such refusal, that the City intends to disclose the information unless ordered otherwise by a court. Nothing herein shall require the City to take any action, or to refuse to release information where to do so would violate Applicable Law. The City's obligations under this Section are limited to confidential, trade secret or otherwise protected information that is provided to the City in a sealed envelope and identified on the envelope and on the face of each page of the document as proprietary, trade secret or otherwise protected from disclosure, and that is accompanied by a written certification from the Applicant that it believes, in good faith, that such information is protected from disclosure.

(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)