Agenda - 11-02-2005-5d - Laserfiche WebLink

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The exercise of one remedy shall not foreclose use of another, nor shall it relieve the Grantee of its obligations to comply with the Franchise. Remedies maybe used singly or in combination; in addition, the Grantor may exercise any rights it has under applicable law. In no event shall the election of remedies result in a double recovery by the Grantor. Sectimr 28. Books and Recm•ds -Inspection A. The Grantor may inspect the books, records, maps, plans, and other documents, including financial documents, in the conhrol or possession of the Grantee, to evaluate compliance with the Franchise. The material shall be made available at the Grantee's facilities unless the Grantee agrees to make inspection available at some other place, Material that the Grantor requires the Grantee to produce colder this Section shall be produced upon written notice, no later than thirty (.30) calendar days after the request for production. Requests for extensions of time to respond shall not be tuu°easonably denied. B. The Grantee may request that the Grantor treat any books, records, maps, plans and other documents of the Grantee containing trade secrets or proprietary information as confidential under the North Carolina Public Records Law, To the extent authorized by the Public Records Law and other applicable state and federal law, the Grantor shall maintain the confidentiality of information designated "proprietary" by the Grantee. Should the Grantor receive a request to review the Grantee's records or books under the North Carolina Public Records Law, it will promptly notify the Grantee and provide an opportunity for the Grantee to raise an objection, demonstrate why the requested infomlatiou is proprietary and, if' necessary, seek a court order to protect its proprietary information.. However, any action taken by the Grantee to protect its records or information shall be done at no cost or liability to the Grantor. Further, Grurtor agrees to cooperate with Grantee to ensure the non-disclosure of infomlation Grantee deems confidential or competitively sensitive,. C. The Grantor shall provide prompt notice of additions or deletions to its boundaries to the Grantee. To determine whether the Grantee is remitting Franchise Fees based upon revenues received fiom its customer(s) to the proper franchising authority, the Grantee shall cooperate with the Grantor by providing such information as it has reasonably available regarding its customers' addresses consistent with 47 U.S.C. §551. Section 29. Inspection of Cable System Upon Reasonable Notice, Grantor may inspect the distribution facilities and equipment of the Cable System, If; based on Customer complaints or its own investigation, the Grantor finds that the Cable System's operation is out of cornpliatice with the Franchise or applicable federal rules, it may require the Grantee to perform tests, prepare a report and present to the Grantor the results of those tests. The Grantee shall identify any problem 18