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Agenda - 09-07-2005-9d
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Agenda - 09-07-2005-9d
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Last modified
8/29/2008 2:51:02 PM
Creation date
8/29/2008 10:40:33 AM
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BOCC
Date
9/7/2005
Document Type
Agenda
Agenda Item
9d
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Minutes - 20050907
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\Board of County Commissioners\Minutes - Approved\2000's\2005
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21 <br />The exercise of one remedy shall not foreclose use of another, nor shall it relieve the <br />Grantee of its obligations to comply with the Franchise. Remedies may be used singly or <br />in combination; in addition, the Grantor may exercise any rights it has under applicable <br />law. In no event shall the election of remedies result in a double recovery by the <br />Grantor.. <br />Section 28. Books and Records - Inspection <br />A. The Grantor may inspect the books, records, maps, plans, and other documents, <br />including financial documents, in the control or possession of the Grantee, to <br />evaluate compliance with the Franchise. The material shall be made available at <br />the Grantee's facilities unless the Grantee agrees to make inspection available at <br />some other place. Material that the Grantor requires the Grantee to produce under <br />this Section shall be produced upon written notice, no later than thirty (30) <br />calendar days after the request for production. Requests for extensions of time to <br />respond shall not be unreasonably denied. <br />B. The Grantee may request that the Grantor, treat any books, records, maps, plans <br />and other documents of the Grantee containing trade secrets or proprietary <br />information as confidential under the North Carolina Public Records Law. To the <br />extent authorized by the Public Records Law and other applicable state and <br />federal law, the Grantor shall maintain the confidentiality of information <br />designated "proprietary" by the Grantee. Should the Grantor receive a request to <br />review the Grantee's records or books under the North Carolina Public Records <br />Law, it will promptly notify the Grantee and provide an opportunity for the <br />Grantee to raise an objection, demonstrate why the requested information is <br />proprietary and, if necessary, seek a court order to protect its proprietary <br />information. However, any action taken by the Grantee to protect its records or <br />information shall be done at no cost or liability to the Grantor. Further, Grantor <br />agrees to cooperate with Grantee to ensure the non-disclosure of information <br />Grantee deems confidential or competitively sensitive. <br />C. The Grantor shall provide prompt notice of additions or deletions to its boundaries <br />to the Grantee. To determine whether, the Grantee is remitting Franchise Fees <br />based upon revenues received from its customer(s) to the proper franchising <br />authority, the Grantee shall cooperate with the Grantor by providing such <br />information as it has reasonably available regarding its customers' addresses <br />consistent with 47 U.S.C. §551. <br />Section 29. Inspection of Cable System <br />Upon Reasonable Notice, Grantor may inspect the distribution facilities and equipment of <br />the Cable System. If, based on Customer complaints m its own investigation, the Grantor <br />finds that the Cable System's operation is out of compliance with the Franchise or <br />applicable federal rules, it may require the Grantee to perform tests, prepare a report and <br />present to the Grantor the results of those tests. The Grantee shall identify any problem
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