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15 <br /> 3. To enable Alert to, recover and earn a return on any <br /> financial investment related to these conditions and to allow the <br /> County time to monitor Alert [TWI's] performance, Alert and the <br /> County agree to extend the Franchise term to June 30, 1998. TWI, <br /> Alert and the County also agree, within six months following the <br /> closing of this transfer, to establish a plan for refranchising <br /> that will include a technology plan for upgrading the system, so <br /> that, to the extent feasible, the systems controlled by TWI in this <br /> region shall have substantially the same mix, quality and level of <br /> services and a time frame for completion of refranchising by June <br /> 30, 1997. <br /> 4. Alert and TWI agree that it is in the public interest to <br /> serve customers who might otherwise be served in a competitive <br /> marketplace; therefore, service shall be extended as soon as <br /> .reasonably possible and to the extent economically feasible to <br /> areas within the franchise territory where there are fifteen or <br /> more residences per mile; and - <br /> 5. TWI and Alert agree that within 24 months TWI will merge <br /> the system it already controls in orange County with the System <br /> which is the subject of this Transfer and that the resulting system <br /> shall serve all of Orange County including Bingham Township in <br /> Western Orange County along the Alamance County line, subject to <br /> the limitations in paragraph 4 above. <br /> 6. It is understood that the agreement to extend the term of <br /> the franchise to June 30, 199.8 does not in any way serve to <br /> prejudice any franchise renewal rights of Alert, nor require the <br /> refiling of any notices of intent to renew the instant franchise <br /> that have been ;filed on a timely basis consistent with the term of <br /> the existing, unextended franchise. <br /> BE IT FURTHER RESOLVED that this resolution shall become <br /> effective and continue and remain in effect immediately upon its <br /> passage, approval and adoption by the Board of Commissioners and <br /> consent by TWI and Alert. in the event TWI and Alert do not <br /> consent to this resolution prior to November 11 1995, then the <br /> County denies consent to the transfer. <br /> BE IT FURTHER RESOLVED that this action be entered into the <br /> Minutes of the Board of Commissioiners and that the County Manager <br /> is hereby authorized to notify TWI, CSC and Alert of this action in <br /> writing by furnishing these companies with an executed copy of this <br /> resolution. <br /> ADOPTED this day of 1995. <br /> 3 <br />