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Agenda 05-21-24; 8-g - Second Reading - Emergency Services Franchise by Ordinance – Providence Transportation, Inc.
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Agenda 05-21-24; 8-g - Second Reading - Emergency Services Franchise by Ordinance – Providence Transportation, Inc.
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5/21/2024
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8-g
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Agenda for May 21, 2024 BOCC Meeting
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21 <br /> Section 20. Reservation of Rights <br /> Notwithstanding any other provision of the Franchise, Grantor and Grantee reserve all <br /> rights that they may possess under the law unless expressly waived herein. Nothing <br /> herein shall constitute a waiver of rights of either party, provided, however, that both <br /> parties warrant and represent that, as of the effective date of the Franchise, they are not <br /> aware of any provision in the Franchise that is contrary to applicable law. <br /> Section 21. Penalties and Remedies <br /> a. A violation of any provision of this Franchise Ordinance or other failure of <br /> the Grantee to abide by the provisions of this Franchise shall subject the <br /> Grantee to a civil penalty of five hundred ($500) dollars. If Grantee fails <br /> to pay this penalty within ten (10) days after being cited for a violation, <br /> the Grantor may seek to recover the penalty by filing a civil action in the <br /> nature of a debt. <br /> b. A violation of any provision of this Franchise Ordinance by the Grantee <br /> shall constitute a misdemeanor, punishable as provided in N.C. Gen. Stat. <br /> § 14-4. <br /> C. The Grantor may seek to enforce this Franchise Ordinance through any <br /> appropriate equitable action. <br /> d. Each day that a violation continues of this Franchise Ordinance after the <br /> Grantee has been notified of the violation shall constitute a separate <br /> offense. <br /> e. The Grantor may seek to enforce this Franchise Ordinance by using any <br /> one or any combination of the foregoing remedies. <br /> Section 22. Non-discrimination <br /> The Grantee shall not discriminate in any manner on the basis or factors prohibited by <br /> law. <br /> Section 23. Acceptance by Grantee <br /> This Franchise and all of its terms and provisions shall be accepted by Grantee in writing <br /> in the form hereinafter set forth within thirty (30) days of the grant of this Franchise by <br /> the Grantor and when accepted shall be filed with Grantor's Clerk who shall record the <br /> same in the Book of Ordinances. <br /> Such written acceptance may be upon or at the end of a copy of this Franchise Ordinance <br /> and it shall state and express the acceptance of said Franchise and its terms, conditions <br /> Providence Transportation Inc. <br /> EMS Franchise Agreement <br /> Page 18 of 22 Rev.03/2024 <br />
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