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16 <br />D. The Grantor agrees that any financial institution having a pledge of the Franchise <br />or its assets for the advancement of money for the construction and/or operation <br />of the Franchise shall have the right to notify the Grantor that it or a designee <br />satisfactory to the Grantor will take control and operate the Cable System.. <br />Further, said financial institution shall also submit a plan for such operation that <br />will insure continued service and compliance with all Franchise obligations <br />during the term the financial institution exercises control over the Cable System.. <br />The financial institution shall not exercise control over the Cable System for a <br />period exceeding one (1) year, unless extended by the Grantor and during said <br />period of time it shall have the right to petition for transfer of the Franchise to <br />another Grantee as provided in this Section,. <br />E. The consent or approval of the Grantor to any transfer of control of the Grantee <br />shall not constitute a waiver or release of the rights of the Grantor and any <br />transfer shall, by its terms, be expressly subject to the terms and conditions of this <br />Franchise. Grantee's consent to this Section is not intended to operate as a waiver <br />of its rights under federal or state law, <br />F. Any approval by the Grantor of transfer of ownership or control shall be <br />contingent upon the prospective franchisee accepting all the duties and <br />responsibilities of this Franchise. <br />Section 17. Force Majeure <br />In the event the Grantee's performance of any of the terms, conditions, obligations or <br />requirements of this Franchise is prevented or impaired due to any cause beyond its <br />reasonable control or not reasonably foreseeable, such inability to perform shall be <br />deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, <br />provided the Grantee provides notice to the Grantor in writing within thirty (30) calendar <br />days of the Grantee's discovery of the occurrence of such an event or within thirty (30) <br />calendar days of the Grantor's notice to the Grantee of a failure to perform occasioned by <br />such cause, which notice explains the circumstances. Such causes beyond the Grantee's <br />reasonable control or not reasonably foreseeable shall include, but shall not be limited to, <br />acts of God, terrorist attacks, civil emergencies and labor unrest or strikes, untimely <br />delivery of equipment, inability of the Grantee to obtain access to property easements, <br />Rights-of-Way and inability of the Grantee to secure all necessary permits to utilize poles <br />and conduits so long as the Grantee utilizes due diligence to obtain said permits in a <br />timely fashion. <br />Section 18. Remedies <br />A. In addition to any other rights set out elsewhere in this Franchise, the Grantor <br />reserves the right to declare a forfeiture of this Franchise, and all of the Grantee's <br />rights arising hereunder, in the event that: