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510 <br /> <br />DRAFT <br /> <br />provisions of the law or regulation. <br /> D. Right of Intervention. The County shall have the right of <br />intervention in any suit or proceeding to which the Grantee is party, and the <br />Grantee shall not oppose such intervention by the County. <br /> E. Right to Require Removal of Property. Upon denial of renewal of <br />this Ordinance or the Franchise, or upon its revocation or expiration, as <br />provided for herein, the County shall have the right to require the Grantee to <br />remove, at its own expense, all portions of the Cable Television System <br />required by public necessity from all streets and public ways within the <br />County. <br /> F. Expense Reimbursement to County. The GranteW of an initial <br />Franchise shall pay the County a sum of money which will, when added to <br />application fees received, reimburse all costs and expenses incurred by it in <br />connection with preparation of this Ordinance, the Franchise Agreements and <br />the initial grant of a Franchise, including, but not limited to, consultant <br />fees, attorneys' fees, publioation fees, travel expenses and all other direct <br />costs; provided, however, that the County shall submit a detailed schedule of <br />all such costs. Such payment shall be made within thirty (30) days after the <br />County furnishes the Grantee with a written statement of such expenses. <br /> 4.22 NO RECOURSE AGAINST THE GRANTOR. The Grantee shall have no <br />recourse whatsoever against the County or its officials, boards, commissions, <br />agents, or employees for any loss, cost, expense or damage arising out of any <br />provision or requirements of the Franchise or because of the enforcement of <br />this Ordinance or the Franchise. Notwithstanding the foregoing, Grantee may <br />make application for non-monetary equitable relief (e.g., injunction or <br />mandamus) to a court of competent jurisdiction upon reasonable notice to the <br />Grantor. <br />V. REGULATION OF FRANCHISE <br /> 5.1 REGULATORY AUTHORITY. <br /> A. On-Going Regulation. The County shall exercise appropriate <br />regulatory authority under the provisions of this Ordinance and applicable <br />law. This authority shall be vested in the Board of County Commissioners and <br />administered through the County Manager or his designee in order to provide <br />day-to-day administration and enforcement of the provisions of this Ordinance <br />and any Franchise granted hereunder, and to carry out the County's <br />responsibilities with regard to cable communications. <br /> B. Change in Law or Regulation. Notwithstanding any other provisions <br />of this Ordinance to the contrary, the Grantee shall at all times comply with <br />all laws and regulations of the local, state and federal government. In the <br />event that any actions of the state or federal government or any agency <br />thereof, or any court of competent jurisdiction upon final adjudication, <br />substantially reduce in any way the power or authority of the County under <br />this Ordinance or the Franchise, or if in compliance with any local, state, or <br />federal law or regulation, the Grantee finds conflict with the terms of this <br />Ordinance, the Franchise, or any law or regulation of the County, then as soon <br />as possible following knowledge thereof, the Grantee shall notify the County <br />of the point of conflict believed to exist between such law or regulation and <br />the laws or regulations of the County, this Ordinance and the Franchise. The <br />County, at its option, may notify the Grantee that it wishes to negotiate <br />those provisions which are affected in any way by such modification in <br />regulations or statutory authority. Thereafter, the Grantee shall negotiate <br />in good faith with the County in the development of alternate provisions which <br />shall fairly restore the County to the maximum level of authority and power <br />permitted by law. The County shall have the right to modify any of the <br />provisions to such reasonable extent as may be necessary to carry out the full <br />intent and purpose of this Ordinance and Franchise. <br /> C. Authority. The County reserves the right to exercise the maximum <br />plenary authority, as may at any time be lawfully permissible, to regulate the <br />Cable Television System, the Franchise and the Grantee. Should applicable <br />legislative, judicial or regulatory authorities at any time permit regulation <br />not presently permitted to the County, the County may following written notice <br />to the Grantee but without the approval of the Grantee engage in any such <br />additional regulation as may then be permissible, whether or not contemplated <br />by this Ordinance or the Franchise, including without limitation, regulation <br />regarding Franchise fees, taxes, programming, rates charged to subscribers and <br />users, consumer protection, or any other similar or dissimilar matter. 5.2 SUPERVISION OF THE FRANCHISE. <br /> A. The County shall have the following regulatory responsibility: <br /> (1) Administration and enforcement of the provisions of this Ordinance <br /> and any Franchise granted hereunder. <br /> (2) Award, renewal, extension or termination of a Franchise pursuant <br /> to the provisions of this Ordinance, the Franchise, and other <br /> applicable law. <br /> <br /> <br />