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3. To enable Alert to recover and earn a return on any financial investment related to <br /> these conditions and to allow the County time to monitor Alert [TWI's] performance, Alert and the <br /> County agree to extend the Franchise term to June 30, 1998. TWI, Alert and the County also agree, <br /> within six months following the closing of this transfer, to establish a plan for refranchising that will <br /> include a technology plan for upgrading the system, so that, to the extent feasible, the systems <br /> controlled by TWI in this region shall have substantially the same mix, quality and level of services <br /> and a time frame for completion of refranchising by June 30, 1997. <br /> 4. Alert and TWI agree that it is in the public interest to serve customers who might <br /> otherwise be served in a competitive marketplace; therefore service shall be extended as soon as <br /> reasonably possible and to the extent economically feasible to areas within the franchise territory <br /> where there are 21.4 or more residences per mile; and <br /> 5. TWI and Alert agree that within 24 months TWI will merge the system it already <br /> controls in Orange County with the System which is the subject of this Transfer and that the resulting <br /> system shall serve all of Orange County including Bingham Township in Western Orange County <br /> along the Alamance County line, subject to the limitations in paragraph 4 above. <br /> 6. It is understood that the agreement to extend the term of the franchise to June 30, <br /> 1998 does not in any way serve to prejudice any franchise renewal rights of Alert, nor require the <br /> refiling of any notices of intent to renew the instant franchise that have been filed on a timely basis <br /> consistent with the term of the existing, unextended franchise. <br /> BE IT FURTHER RESOLVED that this resolution shall become effective and continue and <br /> remain in effect immediately upon its passage, approval and adoption by the Board of Commissioners <br /> and consent by TWI and Alert. In the event TWI and Alert do not consent to this resolution prior <br /> to November 1, 1995, then the County denies consent to the transfer. <br /> BE IT FURTHER RESOLVED that this action be entered into the Minutes of the Board of <br /> Commissioners and that the County Manager is hereby authorized to notify TWI, CIC and Alert of <br /> this action in writing by furnishing these companies with an executed copy of this resolution. <br /> ADOPTED this 22nd day of August, 1995. <br /> -3- <br />