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<br />corrective action within the thirty (30) days
<br />period and thereafter uses reasonable
<br />diligence to correct the violation or liability.
<br />c. In the event this Franchise Is I9IIOked
<br />by reason of default of Grantee, City shall be
<br />entitled to collect from the performance bond
<br />that amount which Is attributable to any
<br />_. .... 'If said
<br />
<br />citY's exercise, administration, or enforcement
<br />of the Franchise.
<br />c. Nothing in this Franohise relieves a
<br />Person, except City, from liability arising out of
<br />the failure to exercise reasonable care to allOid
<br />injuring the Grantee~s facilities while performing
<br />work connected with grading, regarding,. or
<br />changing the line of a Right-of-Way or public
<br />place or with the construction or reconstruction
<br />of a sewer or water system.
<br />4.~. .
<br />a. As' a part of the indemnification
<br />provided in Section 8.3, but without limiting the
<br />foregoing, Grantee shall file with City at the
<br />time of its acceptance of thiS Franchise, and at
<br />all times thereafter maintain in full force and
<br />effect at its sole expense, a comprehensive
<br />general liability insurance policy, including
<br />broadcaster's/cablecaster's liability and
<br />contractual liability coverage, in protection of
<br />the Grantee, and the City, its officers, elected
<br />officials, boards, commissions, agents and
<br />employees for any and all damages and
<br />penalties which may arise as a result of this
<br />Franchise. The policy or policies shall name the
<br />City as an additional insured, and in their
<br />!:spacity as such, City officers, elected officials,
<br />boards, commissions, agents and employees.
<br />b. The policies of insurance shall be in
<br />the sum of not less than $1,000,000.00 for
<br />personal injury or'death of anyone Person,
<br />and $2,000.000.00 for personal injury or death
<br />of two or more Persons in anyone occurrence,
<br />$500,000.00 for property damage to anyone
<br />person and $2,000,000.00 for property
<br />damage resulting from anyone act or
<br />occurrence.
<br />c. The policy or policies of insurance shali
<br />be maintained by Grantee in full force and
<br />effect during the entire term of the Franchise.
<br />Each policy of insurance shall contain a
<br />statement on its face that the insurer will .not
<br />cancel the policy or fail to renew the policy,
<br />. whether for nonpayment of premium, or
<br />otherwise, and whether at the request of
<br />Grantee or for other reasons, except after sixty
<br />(&0) days advance written notice have been
<br />provided to City. .
<br />. SECTION 10.
<br />SALE, ABANDONMENT, TRANSFER AND
<br />REVOCATION OF FRANCHISE
<br />1. City's Right to Revoke.
<br />a. In addition to all other rights which City .
<br />has pursuant to lawor equity, City reserves the
<br />right to commence proceedings to revoke,
<br />terminate or cancel this Franchise, and all
<br />rights and prjvilegespertaining thereto, if it is
<br />determined. by City th'at:
<br />i. Grantee has violated material
<br />provisions(s) of this Franchise; or I .
<br />ii. Grantee has attempt~d to evade
<br />any of the provisions of the Franchise;.or
<br />iii. Grantee has practiced fraud or
<br />deceit upon City.
<br />2. Procedures for Revocation.
<br />. a. City shall provide Grantee with written
<br />notice- of a cause for revocation and the intent
<br />to revoke and shall allow Grantee thirty (30)
<br />!lays subsequent to receipt of the notlcein
<br />which to Correct the violation or to provide
<br />adequate assurance of performarice in
<br />compliance with the Franchise. In the notice
<br />required herein, City shall provide Grantee with
<br />the basis of the revocation.
<br />b. Grantee shall be provided the right to a
<br />publiC hearing affording due process before the
<br />City Council prior to the effective date of
<br />revocation, which public hearing shall follow the
<br />thirty (30) day notice provided in subparagraph
<br />(a) above. City shall provide Grantee with
<br />written notice of its decision together witl:)
<br />written findings of fact supplementing said
<br />decision.
<br />c. Only after the public hearing and upon
<br />written notice of the determination by Cliy to
<br />rD,\/nlt"g thA F'rAn~hi~ mRV ~mnt,:l,::t. ::lnnool ........l,.a
<br />
<br />any request to transfer. Nothing hereinshllP
<br />prevent Grantee from negotiating partial oT.
<br />complete payment of such costs and fees'!ly.
<br />the transferee. Grantee may not Itemize any
<br />such reimbursement on Subscriber bills, but
<br />may recover such expenses in its subscribll~:
<br />rates. ; c',
<br />f. In no event shall a sale, transfer\,
<br />corporate change, or assignment of ownersl1i'j1J
<br />or control pursuant to subparagraph (a) qr Cb).'
<br />of this Section be approved without ttle-
<br />. transferee becomin.g a signatory to ttils'
<br />Franchise and assummg all rights.alld-
<br />obligations thereunder, and assuming all oM'
<br />rights and obligations of the transferor to tI'l8'
<br />City including, but not limited to, any adequafll.
<br />guarantees or other security instrume.nts
<br />provided by the transferor. ~!f\.
<br />g. In the event of any proposed-sals?
<br />transfer, corporate change, or assignment
<br />pursuant to subparagraph (a) or (b) oftHfSo
<br />Section, City shall have the right to purchalie'
<br />the System for the value of the consideratiO~
<br />proposed in such transaction. City's righH~
<br />purchase shall arise upon City's receipt tll
<br />notice of the material terms of an offer '.<if
<br />proposal for sale, transfer, corporate change, ~
<br />assignment, which Grantee. has accepte'c!h
<br />Notice of such offer or proposal mustb~
<br />conveyep to City in writing and separate frdm
<br />any general announcement of the transaction. G
<br />h. City shall be deemed to have wai~
<br />its right to purchase the System pursuant,to
<br />this Section. only in the followin'o
<br />circumstances: " ,
<br />i. If City does not indicate to Gran~
<br />ill. writing, Yfithin Sixty (60) days of receipt:l?f
<br />written notice of a proposed sale, transf$f',
<br />corporate change, or assignment as
<br />contemplated In Section 10.5 (g) above, 1ts
<br />intention to exercise its right of purchase; or .. ~
<br />Ii. It approves the aSsignment or s8le
<br />of the Franchise as provided within U\'($
<br />Section. kJ'
<br />i. No Franchise may be transferred if c1iY
<br />determines Grantee is in noncompliance oflhij
<br />Franchise unless an acceptable compllam:e
<br />program has been approved by City. Th~
<br />approval of any transfer of ownership pursui!i\t
<br />tQ this Secti\)n shall not be deemed to waliJe
<br />any rights of City to subsequently enfotc~
<br />noncompliance issues relating to this Franchlii!!
<br />. even if such issues predated the approva~
<br />whether known or unknown-to City. r, .
<br />SECTION 11.""
<br />PROTECTION OF INDIVIDUAL RIGHTS"'';
<br />1. Discriminatory Practices Prohibit~'ii.
<br />Grantee shall not (Jeny service, deny acceS(
<br />'lor otherwise discriminate against Subscri~tli
<br />or general citizens on the basis of race, colOr.
<br />! religion, . national origin, sex, age, status as"i!)
<br />I public assistance, affectional preference,"Clr
<br />disability. Grantee shall comply at all times wff~
<br />all other applicable federal, state, and citylavg~,
<br />and all executive' and administrative orders
<br />relating to nondiscrimination.
<br />2. Subscriber Privacy. . :~~'~
<br />a. No signals including signals of a Cla~
<br />IV Channel may be transmitted. from'va
<br />Subscriber terminal for purposes of monitOring.
<br />individual viewing patterns or practices withOlJf
<br />the express written permission of M~
<br />Subscriber. .Such written permission shall bg
<br />for a limited period of time not to exceedohe
<br />(1) year which may be renewed at the option of .
<br />the Subscriber. No penalty shall be invoked for
<br />a Subscriber's failure to provide or renew such
<br />authorization. The authorization shall be
<br />revocable at any time by the Subscriber without
<br />penalty of any kind whatsoever. Such
<br />permission shall be required for each type or
<br />class.ificatlo.n of C. lass IV Ch. annel actiViJl.
<br />planned for the purpose of monitorin9
<br />individual viewing pattems or practices. "
<br />b. No lists of the names and addresses d!
<br />
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