Southtowns Record

Franchise Agrrement

Government
Town of Wales
Kind
Other
Topics
Public safety, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Text · page 11 of 14

such notice to either object in writing and to state its reasons for such objection and
  provide any explanation or to cure the alleged noncompliance. If the Grantor has
  not received a satisfactory response from Grantee, it may then seek to revoke the
  Franchise at a public hearing. The Grantee shall be given at least thirty (30) days
  prior written notice of such public hearing, specifying the time and place of such
  hearing and stating its intent to revoke the Franchise. The public hearing shall be
  conducted in accordance with the requirements of Section 14.3 above.

  B.  Notwithstanding the above provisions, the Grantee reserves all of its rights under
  federal law or regulation.

  C.  Upon revocation of the Franchise, Grantee may remove the Cable System from the
  Streets of the Grantor, or abandon the Cable System in place.

  SECTION 15
  Miscellaneous Provisions

15.1 Compliance with Laws. Grantor and Grantee shall conform to all applicable state and
federal laws and rules regarding cable television as they become effective. Grantee shall also
conform with all generally applicable Grantor ordinances, resolutions, rules and regulations
heretofore or hereafter adopted or established during the entire term of the Franchise. In the event
of a conflict between Grantor ordinances, resolutions, rules or regulations and the provisions of
this Franchise, the provisions of this Franchise shall govern.

  15.1.1  Employment Practices. Grantee will not refuse to hire, nor will it bar or
discharge from employment, nor discriminate against any person in compensation or in terms,
conditions, or privileges of employment because of age, race, creed, color, national origin, or sex.

15.2 Force Majeure. The Grantee shall not be held in default under, or in noncompliance with
the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance
or default, where such noncompliance or alleged defaults occurred or were caused by
circumstances reasonably beyond the ability of the Grantee to anticipate and control. This
provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other
acts of God, strikes, work delays caused by failure of utility providers to service, maintain or
monitor their utility poles to which Grantee’s Cable System is attached, as well as unavailability
of materials and/or qualified labor to perform the work necessary.

15.3 Minor Violations. Furthermore, the parties hereby agree that it is not the Grantor’s
intention to subject the Grantee to forfeitures or revocation of the Franchise for violations of the
Franchise where the violation was a good faith error that resulted in no or minimal negative impact
on the Subscribers within the Franchise Area, or where strict performance would result in practical
difficulties or hardship to the Grantee which outweighs the benefit to be derived by the Grantor
and/or Subscribers.

15.4 Action of Parties. In any action by the Grantor or the Grantee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld.
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