AG 1998 02 16 - Laserfiche WebLink

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4.5 USE OF GRANTEE SYSTEM. No poles shall be erected by the Grantee without prior approval of the County with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the Grantee shall be a vested right and such poles shall be removed or modified by the Grantee at its own expense whenever the County determines that the public convenience would be enhanced thereby. Grantee shal.l utilize existing poles and conduits, where possible. The County shall have the right, during the life of the Franchise, to install and maintain free of charge upon the poles owned by the Grantee, any wire and pole fixtures that do not unreasonably interfere with the Cable System operations of the Grantee. The County shall indemnify and hold the Grantee harmless from any claim or action found to be caused by the intentional or negligent act or omission of County, its employees, agents, or subcontractors. 4.6 FRANCHISE REQUIRED. No Cable Television System shall be allowed to occupy or use the streets of the County or be allowed to operate without a Franchise. 4.7 TERM OF FRANCHI,qE. The term of any Franchise granted pursuant to this Ordinance shall be stated in the Franchise. 4.8 FRANCI-II~E NON-EXCLUSIVE. Any franchise granted pursuant to this Ordinance shall be nonexclusive. The County specifically reserves the right to (I) grant at any time such additional franchises for a Cable Television System as it deems appropriate, and/or (ii) build, operate, and own such cable communication system or systems as it deems appropriate. Provided, however, no such franchise shall be granted on terms or conditions more favorable or less burdensome than those imposed upon any existing franchisee. 4.9 TIMI*~ IS OF THE ESSENCE TO THIS ORDINANCE. Whenever the agreement shall set forth any time for an act to be performed by or on behalf of the Grantee, such time shall be deemed of the essence and any failure of the Grantee to perform within the time allotted shall always be sufficient ground for the County to invoke an appropriate penalty including possible revocation of the Franchise. 4.10 LAW GOVERNS. In any controversy or dispute under this Ordinance, the law of the State of North Carolina shall apply. 4.11 SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or the Franchise is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or by any Federal, State, or Local statute or regulation, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 8