BC 1988 11 21 - Laserfiche WebLink

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529 5. In addition to the conditions contained above and in the Ordinance and in the Proposal, the rights hereby granted may, at the option of County, be terminated upon the happening of any of the following: (A) Failure by C4 Media to present to the County within ninety (90) days following the issuance of the Federal Communications Commission ("FCC") Certificate, the binding commitment of a lending institution or financing company to make available all necessary financing for the construction of the cable television system described in the Proposal or other proof satisfactory to County, in its sole discretion, of C4 Media's financial ability to perform such construction. (B) Failure by C4 Media to submit to the FCC a full and proper request for the necessary sanctions, permits and approvals to construct and operate the cable television system described in the Proposal within one hundred twenty (120) days of the acceptance date hereof. (C) Failure by C4 Media to apply for a pole use agreement from the necessary parties for usage of poles necessary to the operation of the cable television system described in the Proposal within four (4) months of the effective date hereof. (D) Failure by C4 Media for any reason to submit to the County for its approval a plan for local origination broadcasting within two (2) years of a certification by the FCC or before one thousand four hundred (1,400) subscribers are connected to the system, whichever first occurs. (E) Failure by C4 Media to present to the County for its approval a map of the county showing the areas to be served by C4 Media before any construction may begin. 6. The County and C4 Media acknowledge that it shall be unlawful to operate a cable television system in the unincorporated areas of Cabarrus County, North Carolina, without a franchise to do so duly granted by the County. 7. This Resolution and Franchise Agreement shall not be valid unless it is accepted by C4 Media within thirty (30) days of its effective date, which acceptance shall be in writing in such form and executed in such manner as to be a valid and legally binding acceptance. 8. In consideration of the foregoing rights and privileges, C4 Media agrees to the following terms and conditions: (A) C4 Media accepts and agrees to all of the provisions of this Resolution and Franchise Agreement and those~instruments incorporated herein by reference, including, but not limited to the Ordinance and the Proposal; (B) C4 Media has examined all of the provisions of this Resolution and Franchise Agreement and the Ordinance and waives any claim that any provision hereof is unreasonable, arbitrary or void. (C) C4 Media recognizes the right of the County to make amendments to the Ordinance or this Resolution and Franchise Agreement during the term of the franchise granted by this Resolution and Franchise Agreement, provided that no such change shall compromise C4 Media's ability to perform satisfactorily its obligations or obtain the benefit of its rights under the Ordinance or this Resolution and Franchise Agreement. C4 Media further recognizes and agrees that the County shall in no way be bound to renew the franchise at the end of the franchise term. (D) C4 Media acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and C4 Media agrees to comply with all applicable general laws enacted by the County pursuant to such power.