|
533
<br />
<br /> 5. for violation of other material provisions of this Franchise or
<br /> the Ordinance: $100/day for each day the violation continues.
<br />XXII. COOPERATION
<br /> The parties recognize that it is within their mutual best interests for
<br />the Cable Television System to be operated as efficiently as possible in
<br />accordance with the requirements set forth in this Agreement. To achieve
<br />this, parties agree to cooperate with each other in accordance with the terms
<br />and provisions of this Franchise Agreement. Should either party believe that
<br />the other is not acting timely or reasonably within the confines of applicable
<br />regulations and procedures in responding to a request for action, that party
<br />shall notify the person or agents specified herein. The person or agent thus
<br />notified will use its best effort to facilitate the particular action
<br />requested.
<br />XXIII. WAIVER
<br /> The failure of the County at any time to require performance by
<br />Franchisee of any provision hereof shall in no way affect the right of the
<br />County hereafter to enforce the same. Nor shall the waiver by the County of
<br />any breach of any provision hereof be taken to be a waiver of any succeeding
<br />breach of such provision, or as a waiver of the provision itself.
<br />XXIV. CUMULATIVE PROVISION
<br /> The rights and remedies reserved to the County by this Franchise
<br />Agreement are cumulative and shall be in addition to and not in derogation of
<br />any other rights or remedies which the County may have with respect to the
<br />subject matter of this Franchise Agreement, and a waiver thereof at any time
<br />shall have no effect on the enforcement of such rights or remedies at a future
<br />time.
<br />XXV. NOTICES
<br /> All notices from Franchisee to the County pursuant to this Agreement
<br />shall be sent to the County of Cabarrus, P. O. Box 707, Concord, North
<br />Carolina 28026-0707, Attention: County Manager. All notices to Time Warner
<br />shall be sent to Time Warner Cable, 909 Kansas Street, Kannapolis, North
<br />Carolina 28083, Attention: General Manager and to Time Warner Cable, 2300
<br />Yorkmont Road, Charlotte, NC 28217, Attention: Vice President Public Affairs.
<br /> County shall notify the Franchisee of any changes to the names of
<br />streets within its corporate limits.
<br />XXVI. CAPTIONS
<br /> Captions to sections throughout this Franchise Agreement are solely to
<br />facilitate the reading 'and reference to the sections and provisions of the
<br />Agreement. .Such captions shall not affect the meaning or interpretation of
<br />the Agreement.
<br />XXVII. NO JOINT VENTURE
<br /> Nothing herein shall be deemed to create a joint venture or principal-
<br />agent relationship between the parties, and neither party is authorized to,
<br />nor shall either party act toward third persons or the public, in any manner
<br />which would indicate any such relationship with the other.
<br />XXVIII. ENTIRE AGREEMENT
<br /> This Agreement and all attachments hereto, and the Cable Ordinance and
<br />all attachments thereto, as incorporated herein, represent the entire
<br />understanding and agreement between the parties hereto with respect to the
<br />subject matter hereof, supersede all prior oral negotiations between the
<br />parties, and can be amended, supplemented, modified, or changed only as
<br />provided in said Cable Ordinance.
<br />XXIX. FORCE MAJEURE
<br /> No penalty or sanction of any kind shall be imposed where the failure or
<br />delay on the part of the Franchisee is due to causes or events not' within the
<br />control of the Franchisee. For purposes of this Franchise, causes or events
<br />not within the control of Franchisee shall include, but not limited to, acts
<br />of God, sabotage, riots or civil disturbances, explosions, acts of public
<br />enemies, natural disasters, or restraints imposed by order of a governmental
<br />agency or court.
<br />XXX. SEVERABILITY
<br /> If any section, subsection, sentence, clause, phrase, or portibn of this
<br />Agreement is, for any reason, held invalid or unconstitutional by any court of
<br />competent jurisdiction, such portion shall be deemed a separate, distinct, and
<br />independent provision and such holding shall not affect the validity of the
<br />remaining portions of this Agreement, except as provided for in the Cable
<br />Ordinance.
<br /> IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
<br />executed as of the day and year first above written.
<br />
<br />(SEAL)
<br />
<br />COUNTY OF CABARRUS, NORTH CAROLINA
<br /> /S/ Sue B. Casper
<br />
<br />Chairperson
<br />
<br />
<br />
|