Orange County NC Website
Browse       Search
21 <br />Section 20. Reservation of Rights <br />Notwithstanding any other provision of the Franchise, Grantor and Grantee reserve all <br />rights that they may possess under the law unless expressly waived herein. Nothing <br />herein shall constitute a waiver of rights of either party, provided, however, that both <br />parties warrant and represent that, as of the effective date of the Franchise, they are not <br />aware of any provision in the Franchise that is contrary to applicable law. <br />Section 21. Penalties and Remedies <br />a. A violation of any provision of this Franchise Ordinance or other failure of <br />the Grantee to abide by the provisions of this Franchise shall subject the <br />Grantee to a civil penalty of five hundred ($500) dollars. If Grantee fails <br />to pay this penalty within ten (10) days after being cited for a violation, <br />the Grantor may seek to recover the penalty by filing a civil action in the <br />nature of a debt. <br />b. A violation of any provision of this Franchise Ordinance by the Grantee <br />shall constitute a misdemeanor, punishable as provided in N.C. Gen. Stat. <br />14-4. <br />c. The Grantor may seek to enforce this Franchise Ordinance through any <br />appropriate equitable action. <br />d. Each day that a violation continues of this Franchise Ordinance after the <br />Grantee has been notified of the violation shall constitute a separate <br />offense. <br />e. The Grantor may seek to enforce this Franchise Ordinance by using any <br />one or any combination of the foregoing remedies. <br />Section 22. Non-discrimination <br />The Grantee shall not discriminate in any manner on the basis or factors prohibited by <br />law. <br />Section 23. Acceptance by Grantee <br />This Franchise and all of its terms and provisions shall be accepted by Grantee in writing <br />in the form hereinafter set forth within thirty (30) days of the grant of this Franchise by <br />the Grantor and when accepted shall be filed with Grantor's Clerk who shall record the <br />same in the Book of Ordinances. <br />Such written acceptance may be upon or at the end of a copy of this Franchise Ordinance <br />and it shall state and express the acceptance of said Franchise and its terms, conditions <br />Page 18 of 23 <br />