Cable Television Franchise Agreement Page 12
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14Of-Way.” Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to
permit the City/County/Village to exercise such rights and remedies in a manner that permits
duplicative recovery from, or payments by, the Grantee. Such remedies may be exercised from
time to time and as often and in such order as may be deemed expedient by the
City/County/Village.
SECTION 10: Miscellaneous Provisions
10.1. 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 (including termination, cancellation or revocation of the
Franchise), where such noncompliance or alleged defaults occurred or were caused by strike,
riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado
or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate
the Cable System, governmental, administrative or judicial order or regulation or other event that
is reasonably beyond the Grantee’s ability to anticipate or control. This provision also covers
work delays caused by waiting for utility providers to service or monitor their own utility poles
on which the Grantee’s cable or equipment is attached, as well as unavailability of materials or
qualified labor to perform the work necessary. Non-compliance or default shall be corrected
within a reasonable amount of time after force majeure has ceased.
10.2. Notice. Any notification that requires a response or action from a party to this
franchise within a specific time-frame, or that would trigger a timeline that would affect one or
both parties’ rights under this franchise, shall be in writing and shall be sufficiently given and
served upon the other party by hand delivery, first class mail, registered or certified, return
receipt requested, postage prepaid, or by reputable overnight courier service and addressed as
follows:
To the City/County/Village:
To the Grantee:
Comcast
______________________
______________, Illinois _____
ATTN:
ATTN: Director of Government Affairs
Recognizing the widespread usage and acceptance of electronic forms of communication, emails
and faxes will be acceptable as formal notification related to the conduct of general business
amongst the parties to this contract, including but not limited to programming and price
adjustment communications. Such communication should be addressed and directed to the
person of record as specified above. Either party may change its address and addressee for
notice by notice to the other party under this Section.
10.3. Entire Agreement. This Franchise Agreement embodies the entire understanding
and agreement of the City/County/Village and the Grantee with respect to the subject matter
hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations
and communications, whether written or oral.
Except for ordinances adopted pursuant to
Sections 2.4 and 2.5 of this Agreement, all ordinances or parts of ordinances related to the
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