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4 <br /> 3. TWEAN: <br /> (a) agrees to be bound by the three (3) franchises and perform all <br /> duties and obligations thereunder; <br /> (b) represents and warrants that it is able to provide and agrees to <br /> provide all services required under said franchises; <br /> (c) acknowledges and agrees that TWEAN is subject to the regulatory <br /> authority of the grantor as provided by state and federal law, <br /> (d) agrees to cooperate fully with the Franchising Authority and to <br /> obtain from any governmental agency having jurisdiction, all <br /> licenses,permits and other authodty necessary For lawflcl operation <br /> and maintenance of the cable system. <br /> 4. The past performance of TWT.AN under the control of TWI pursuant to <br /> the franchise is not waived by the Franchising Authority consenting to this transfer and <br /> adopting this Resolution. TWEAN (under the control of its new.parent, AOL-T'W) <br /> agrees to be responsible for and bound by the breaches and non paformance, if any, of <br /> TWEAN (under the control of TW.F) prior to this transfer. The Franchising.Authority <br /> may, after-oonsummaticm of the Transaction Nos. 1 and 2, consider in any ongoing <br /> renewal proceeding the past paformance of TWEAN(under the control of TW.1) to the <br /> extent permitted under 47 U 5.C. §546, as if it were the past performance of TWEAN <br /> (under the control of AOL-TW) <br /> 5. TWEAN and AOL-TW agrees that the revaluation of the cable system <br /> assets, if any,resulting from Transaction Nos. 1 and 2 shall not be the basis for any future <br /> rate muses for any regulated cable service, including, but not limited to, basic cable <br /> service, equipment recitals and installation costs. <br /> 6. This Resolution shall become effective on the date of its passage but shall <br /> be automatueally rescinded and the transfer of control denied(1)if not accepted in writing <br /> by TWEAK, within sixty(60) clays of passage; or (2) if any of the conditions of this <br /> consent resolution are determined to be invalid in a final judgment by a court of <br /> competent jurisdiction. <br /> 7. Within thirty days following the adoption of this Resolution, TWEAN <br /> shall pay the sum of$2,504 to the Franchising Authority to reimburse the Franchising <br /> Authority for its expenses in connection with this transfer. None of the foregoing <br /> expenses described in this paragraph or TWE."s payment thereof shall constitute an <br /> offset against franchise fees or any other amounts due the Franchising Authority from <br /> TWEAN pursuant to the terms of the Franchise or otherwise. <br /> 3 <br />