BC 1988 12 05 - Laserfiche WebLink

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548 (B) The Proposal, a copy of which is on file at the Office of the County Manager, all provisions of which are hereby specifically incorporated herein by reference. 3. By accepting the rights hereby granted, C4 Media covenants that it will perform and keep all acts, covenants and obligations imposed, repre- sented or promised by the provisions of this Resolution and Franchise Agreement, the Ordinance and the Proposal, including, but not limited to, the completion of construction of its plant and the activation of its system in accordance with, to the extent of, and within the periods of time shown in its construction schedule set forth in the Proposal, and acknowledges that any failure to do so will be grounds for termination of the rights hereby granted in accordance with the provisions of the Ordinance. 4. The effective date of this Resolution and Franchise Agreement shall be the date of its final adoption and said date shall be utilized for the commencement of the timetable for construction contained in the Proposal, and for all other purposes. 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 con- struct 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;