BC 1988 12 05 - Laserfiche WebLink

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549 (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 Agree- ment, 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. (E) In addition to the schedule and standards of construction, maintenance and operation set forth in the Ordinance and the Proposal, C4 Media agrees that: (1) it will meet or exceed the standards of the FCC and meet or exceed the standards of the cable television industry related to signal quality and technical standards of construction, operation and maintenance of the system and the state of art of the industry; and (2) it shall abide by all rules and regulations of the FCC concerning its regulation of cable television services as the same shall be changed from time to time by the FCC. (F) Pursuant to the provisions of Section 7.8 of the Ordinance, C4 Media will make single installations of its standard community service facilities in accordance with the terms of said section at such County-owned facilities as may from time to time be designated by the County Manager. (G) Pursuant to Section 8.2 of the Ordinance, C4 Media shall pay to the County a franchise fee of three percent (3%) of its gross annual subscriber revenue, to be paid quarterly. 9. Ail notices and other communications hereunder shall be in writing and shall be (1) hand delivered with delivery acknowledged by written receipt, or (2) mailed, first class, registered or certified mail, return receipt requested, postage prepaid to the following addresses: If to the County: County Manager Cabarrus County P. O. Box 707 Concord, NC 28026-0707 If to C4 Media: C4 Media Cable South, Limited Partnership c/o 450 Maple Avenue, East Suite 301 Vienna, VA 22180 Ail such notices and other communications shall be deemed to have been delivered on the date of the actual delivery. Any party to this instrument may change the address to which all communications and notices may be sent by addressing notices of such change in the manner provided hereunder. 100 Any and all ordinances or applicable parts of ordinances, or other similar regulations, promulgated by County which conflict with the provisions of the Ordinance or this Resolution and Franchise Agreement, are hereby repealed. 11. Both the County and C4 Media shall comply with the provisions of the Cable Communications Policy Act of 1984 (the "Act"). To the extent that any provision set forth in this Resolution and Ordinance and Franchise Agreement regarding a non-exclusive franchise is inconsistent with the Act, the provisions of the Act shall control. 12. If any section, subsection, sentence, clause or phrase of this Resolution and Franchise Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of