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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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3. For failure to comply with transfer provisions: a one time fee of twenty- <br /> five hundred dollars ($2,500.00) for each offense; and <br /> 4. For failure to comply with any material provision herein for which a <br /> penalty is not otherwise specifically provided: a one time fee of two <br /> hundred fifty dollars ($250.00) for each offense. <br /> B. Whenever the County finds that Grantee has allegedly violated one or more <br /> material terms, conditions or provisions of the Franchise, a written notice shall be <br /> given to Grantee. The written notice shall describe in reasonable detail the <br /> alleged material violation so as to afford the Grantee an opportunity to remedy the <br /> violation. Grantee shall have 30 days subsequent to receipt of the notice in which <br /> to correct the material violation. Grantee may,within 10 days of receipt of notice, <br /> notify the County that there is a dispute as to whether a material violation or <br /> failure has, in fact, occurred. Such notice by Grantee shall specify with <br /> particularity the matters disputed by Grantee and shall stay the running of the <br /> above-described time. <br /> 1. County shall hear Grantee's dispute at the next regularly scheduled or <br /> specially scheduled Commissioners' meeting. Grantee shall have the right <br /> to examine witnesses and appear and present its side of the dispute to the <br /> County Board. The County shall determine if Grantee has committed a <br /> violation and shall make written findings of fact relative to its <br /> determination. <br /> 2. If after hearing the dispute, the claim is upheld by the County, then <br /> Grantee shall have 30 days within which to remedy the violation before <br /> the County may require payment of liquidated damages. <br /> 3. The time for Grantee to correct any alleged violation shall be extended by <br /> the County if the necessary action to correct the alleged violation is of <br /> such a nature or character as to require more than 30 days within which to <br /> perform provided Grantee commences corrective action within 15 days <br /> and thereafter exercises due diligence to correct the violation. No <br /> liquidated damages will be assessed for a violation period that has existed <br /> prior to the expiration of the period set by the Grantor herein for <br /> correcting the defect. <br /> C. Consistent with Section 17, the Grantor shall stay or waive the imposition of any <br /> liquidated damages set forth herein upon a finding that any failure or delay is the <br /> result of an act of God or due to circumstances beyond the reasonable control of <br /> the Grantee. <br /> Section 27. Remedies—Election <br /> 17 <br />
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