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ORD-2005-197 - Ordinance granting Cable Franchise to Time Warner Entertainment- Advance/Newhouse
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ORD-2005-197 - Ordinance granting Cable Franchise to Time Warner Entertainment- Advance/Newhouse
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Last modified
8/19/2016 3:34:27 PM
Creation date
1/13/2011 4:57:01 PM
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BOCC
Date
11/15/2005
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5k
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Agenda - 11-15-2005-5k
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\Board of County Commissioners\BOCC Agendas\2000's\2005\Agenda - 11-15-2005
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D. The Grantor agrees that any financial institution having a pledge of the Franchise <br /> or its assets for the advancement of money for the construction and/or operation <br /> of the Franchise shall have the right to notify the Grantor that it or a designee <br /> satisfactory to the Grantor will take control and operate the Cable System. <br /> Further, said financial institution shall also submit a plan for such operation that <br /> will insure continued service and compliance with all Franchise obligations <br /> during the term the financial institution exercises control over the Cable System. <br /> The financial institution shall not exercise control over the Cable System for a <br /> period exceeding one (1) year, unless extended by the Grantor and during said <br /> period of time it shall have the right to petition for transfer of the Franchise to <br /> another Grantee as provided in this Section. <br /> E. The consent or approval of the Grantor to any transfer of control of the Grantee <br /> shall not constitute a waiver or release of the rights of the Grantor and any <br /> transfer shall, by its terms, be expressly subject to the terms and conditions of this <br /> Franchise. Grantee's consent to this Section is not intended to operate as a waiver <br /> of its rights under federal or state law. <br /> F. Any approval by the Grantor of transfer of ownership or control shall be <br /> contingent upon the prospective franchisee accepting all the duties and <br /> responsibilities of this Franchise. <br /> Section 17. Force Majeure <br /> In the event the Grantee's performance of any of the terms, conditions, obligations or <br /> requirements of this Franchise is prevented or impaired due to any cause beyond its <br /> reasonable control or not reasonably foreseeable, such inability to perform shall be <br /> deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, <br /> provided the Grantee provides notice to the Grantor in writing within thirty (30) calendar <br /> days of the Grantee's discovery of the occurrence of such an event or within thirty (30) <br /> calendar days of the Grantor's notice to the Grantee of a failure to perform occasioned by <br /> such cause, which notice explains the circumstances. . Such causes beyond the Grantee's <br /> reasonable control or not reasonably foreseeable shall include, but shall not be limited to, <br /> acts of God, terrorist attacks, civil emergencies and labor unrest or strikes, untimely <br /> delivery of equipment, inability of the Grantee to obtain access to property easements, <br /> Rights-of-Way and inability of the Grantee to secure all necessary permits to utilize poles <br /> and conduits so long as the Grantee utilizes due diligence to obtain said permits in a <br /> timely fashion. <br /> Section 18. Remedies <br /> A. In addition to any other rights set out elsewhere in this Franchise, the Grantor <br /> reserves the right to declare a forfeiture of this Franchise, and all of the Grantee's <br /> rights arising hereunder, in the event that: <br /> 13 <br />
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