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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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Last modified
4/29/2013 12:46:04 PM
Creation date
8/8/2011 3:59:19 PM
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BOCC
Date
10/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9a
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Agenda - 10-01-2003-7a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 10-01-2003
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21 <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 />1. the Grantee is found to have violated any material provision of this <br />Franchise; or <br />2. the Grantee is found by a court of competent jurisdiction to have practiced <br />any fraud or deceit upon the Grantor. <br />B. The Grantor shall give the Grantee thirty (30) calendar days written notice of its <br />intent to exercise its rights under this Section, stating the reasons for such action. <br />If the Grantee cures the problem within the thirty (30) day notice period, or if the <br />Grantee initiates substantial effort to remedy the stated problem, and the efforts <br />continue in good faith, then the Grantor shall not have the right to declare a <br />breach of the Franchise. If the Grantee fails to cure the stated violation within the <br />thirty (30) day notice period, or if the Grantee does not undertake efforts <br />reasonably satisfactory to the Grantor to remedy the violation, then the Grantor, <br />upon thirty (30) calendar days notice to the Grantee, shall schedule a public <br />hearing to review the facts and determine whether there is a basis to declare a <br />forfeiture of this Franchise. At such hearing, the Grantee shall have the right to <br />be heard and present evidence in a fashion consistent with the rules of evidence <br />and standards governing judicial proceedings. The Grantor shall issue a written <br />decision, based on the evidence in the record, setting forth its findings of fact and <br />conclusions of law. The Grantee shall have the right to appeal any such decision <br />with respect to errors of fact or law to a court of competent jurisdiction. <br />Section 19. Expiration and Renewal <br />Applicable state and federal law shall govern renewal of this Franchise. <br />Section 20. Forum for Litigation <br />Any litigation between the Grantor and the Grantee arising under or regarding this <br />Franchise shall occur, if in the state courts, in Orange County Superior or District Court <br />having jurisdiction thereof, or if in the federal courts, in the United States District Court <br />for the Middle District of North Carolina. <br />Section 21. Notice <br />Any notice required under this Franchise shall be sufficient if in writing and (1) delivered <br />personally to the following addressee; or (2) deposited in the United States Mail, postage <br />prepaid, certified mail, return receipt requested; or (3) delivered by a reputable overnight <br />8/22/2003 <br />
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