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507 <br /> <br />(30) days following written notice to the Grantee by the County which notice <br />shall include a copy of the audit report. <br /> 4.16 FORFEITURE OR REVOCATION. <br /> A. Grounds for Revocation. The County reserves the right to revoke <br />any Franchise granted hereunder and rescind all rights and privileges <br />associated with the Franchise in the following circumstances, each of which <br />shall represent a default and breach under the Ordinance and the Franchise <br />grant: <br /> (1) If the Grantee shall default in the performance of any of the <br /> material obligations under this Ordinance or under any related <br /> documents, contracts and other terms and provisions entered into <br /> by and between the County and the Grantee. <br /> (2) If the Grantee shall fail to provide or maintain in full force and <br /> effect the liability and indemnification coverage or the <br /> performance bond as required herein. <br /> (3) If the Grantee shall violate any orders or rulings of any <br /> regulatory body having jurisdiction over the Grantee relative to <br /> this Ordinance or the Franchise. <br /> (4) If the Grantee attempts to evade any of the provisions of this <br /> Ordinance or the Franchise or practices any fraud or deceit upon <br /> the County or cable subscribers. <br /> ($) The Grantee's construction schedule is delayed later than the <br /> schedule contained in the Franchise or beyond any extended date <br /> set by the County. <br /> (6) The Grantee becomes insolvent, unable or unwilling to pay its <br /> debts or is adjudged baekrupt. <br /> (7) Failure to restore service after seven (7) consecutive days of <br /> interrupted service system-wide, except when approval of such <br /> interruption is obtained from the County. <br /> (B) Material misrepresentation of fact in the application for or <br /> negotiation of the Franchise or any extension or renewal thereof. <br /> (9) If the Grantee ceases to provide services for any reason within <br /> the control of the Grantee over the Cable Television System. <br />B. Effect of Circumstances Beyond Control of Grantee. The Grantee <br /> shall not be declared at fault or be subject to any sanction under any <br /> provision of this Ordinance in any case, in which performance of any such <br /> provision is prevented by reasons beyond the Grantee's control. A fault shall <br /> not be deemed to be beyond the Grantee's control if committed by a corporation <br /> or other business entity in which the Grantee holds a controlling interest <br /> whether held directly or indirectly. <br /> C. Effect of Pending Litigation. Pending litigation or any appeal to <br />any regulatory body or court having Jurisdiction over the Grantee shall not <br />excuse the Grantee from the performance of its obligations under this <br />Ordinance or the Franchise unless a stay is granted by a regulatory body of a <br />court of competent jurisdiction. Failure of the Grantee to perform such <br />obligations because of pending litigation or petition may result in forfeiture <br />or revocation pursuant to the provisions of this section. D. Procedure Prior to Revocation. <br /> (1) The County shall make written demand that the Grantee comply with <br /> any such requirement, limitation, term condition, rule or <br /> regulation or correct any action deemed cause for revocation. If <br /> the failure, refusal or neglect of the Grantee continues for a <br /> period of ninety (90) days following such written demand, the <br /> County shall place its request for termination of the Franchise <br /> upon a regular Commission Board meeting agenda. The County shall <br /> cause to be served upon such Grantee at least thirty (30) days <br /> prior to the date of such Commission Board meeting, a written <br /> notice of this intent to request such termination, and the time <br /> and place of the meeting, notice of which shall be published by <br /> the County Clerk at least Once, seven (7) days before such meeting <br /> in a newspaper of general circulation within the County. <br /> (2} The Commission Board shall hear any persons interested therein, <br /> and shall determine in its discretion, whether or not any failure, <br /> refusal or neglect by the Grantee was with Just cause. <br /> (3) If such failure, refusal or neglect by the Grantee was with just <br /> cause, as defined by the County, the Commission Board shall direct <br /> the Grantee to comply within such time and manner and upon such <br /> terms and conditions as are reasonable. <br /> (4) If the Commission Board shall determine such failure, refusal, or <br /> neglect by the Grantee was without Just cause, then the Commission <br /> Board shall, by resolution, declare that the Franchise of the <br /> Grantee shall be terminated and the performance bond forfeited <br /> unless there is compliance by the Grantee within a specified <br /> <br /> <br />