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Agenda - 10-01-2003-7a
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Agenda - 10-01-2003-7a
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Last modified
9/2/2008 2:57:24 AM
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8/29/2008 10:51:55 AM
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BOCC
Date
10/1/2003
Document Type
Agenda
Agenda Item
7a
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Minutes - 20031001
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\Board of County Commissioners\Minutes - Approved\2000's\2003
ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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20 <br />Grantor that it or a designee satisfactory to the Grantor will take control and <br />operate the Cable System. Further, said financial institution shall also submit a <br />plan for such operation that will insure continued service and compliance with all <br />Franchise obligations during the term the financial institution exercises control <br />over the Cable System. The financial institution shall not exercise control over <br />the Cable System for a period exceeding one (1) year, unless extended by the <br />Grantor and during said period of time it shall have the right to petition for <br />transfer of the Franchise to another Grantee as provided in this Section. <br />E. Regulation of Transfer. The consent or approval of the Grantor to any transfer of <br />control of the Grantee shall not constitute a waiver or release of the rights of the <br />Grantor and any transfer shall, by its terms, be expressly subject to the terms and <br />conditions of this Franchise. Grantee's consent to this Section is not intended to <br />operate as a waiver of its rights under federal or state law. <br />F. Signatory Requirement. Any approval by the Grantor of transfer of ownership or <br />control shall be contingent upon the prospective franchisee accepting all the <br />duties and responsibilities of this Franchise. <br />Section 16. Interconnection <br />For the purpose of and to the extent required to accomplish transporting PEG Access <br />channels, the Grantee shall interconnect its Cable System with its adjacent franchised <br />Cable Systems, upon the directive of the Grantor. <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 />8/22/2003 <br />
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