Procedure for Remedying Franchise Violations.
(A) If the Town reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to:
(1) respond to the Town, contesting the Town's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below;
(2) cure the default; or,
(3) notify the Town that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the Town may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable.
(B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the Town orders a meeting in accordance with subsection (A)(3), the Town shall set a meeting to investigate said issues or the existence of the alleged default. The Town shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense.
(C) If, after the meeting, the Town determines that a default exists, the Town shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the Town shall determine. In the event Grantee does not cure within such time to the Town’s reasonable satisfaction, the Town may:
(1) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or,
(2) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law.
(D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the Town, provided that ...
Procedure for Remedying Franchise Violations. (A) If Grantor believes that Xxxxxxx has failed to perform any obligation under this Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation. Grantee shall have thirty (30) days from the date of receipt of such notice to:
(1) Respond to Grantor, contesting Xxxxxxx's assertion that a violation has occurred, and request a hearing in accordance with subsection C below; or
(2) Cure the violation; or
(3) Notify Grantor that Grantee cannot cure the violation within the thirty
Procedure for Remedying Franchise Violations. (a) The procedure for remedying Franchise violations or breaches shall be consistent with the procedures of Chapter 5.12 of the Calabasas Municipal Code. Grantor, by action of the City Manager or a delegate, shall first notify Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than fifteen (15) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement or Chapter 5.12 of the Calabasas Municipal Code, and thirty (30) days in all other cases. If Grantee fails to demonstrate that a violation has not occurred, or to correct the violation within the time prescribed, or if Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, or if the violation is not correctable, the Grantee shall then be given written notice of not less than thirty (30) days of a hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred.
(b) At the hearing, the Council shall hear and consider all relevant evidence, and thereafter render written findings and its written decision. The hearing shall provide Grantee with the full opportunity to participate and present evidence.
(c) In the event the Council finds that no material violation exists, or that Grantee has corrected the violations, or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage (if any), caused to the Grantor thereby, whether the violation was chronic, and any justifying or mitigating circumstances and such other matters as the Grantor may deem appropriate.
(d) In the event the Council finds that a material violation exists and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Council may impose liquidated damages, assessable from the security fund, of up to Five Hundred Dollars ($500) per day or per incident, for unexcused violations of the system upgrade herein, and up to Two Hundred Dollars ($200) per day or per inciden...
Procedure for Remedying Franchise Violations. (A) If the Town believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged breach. Grantee shall have thirty (30) days from the receipt of such notice to: Respond to the Town, contesting the Town’s assertion that a breach has occurred; Cure the breach; or Notify the Town that Grantee cannot reasonably cure the breach within the thirty (30) days, because of the nature of the breach. If the breach cannot reasonably be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the breach and notify the Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the Town may set a meeting in accordance with paragraph (B) to determine whether additional time beyond the thirty
Procedure for Remedying Franchise Violations. (A) If Grantor believes that Grantee has failed to perform any obligation under this Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation.
(B) The Grantor must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of thirty (30) days to cure the violation or thirty (30) days to present to the Grantor a reasonable remedial plan. The Grantor shall, with Grantee’s consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Liquidated damages shall be assessed only in the event that either a cure has not occurred within thirty (30) days or the Grantor rejects the remedial plan. The procedures provided in Section 14 shall be utilized to impose any liquidated damages. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if Grantor has actual knowledge of the violation and fails to give the Grantee the notice called for herein, then the date of the violation shall be no earlier than ten (10) business days before the Grantor gives Grantee the notice of the violation. Grantee shall have thirty (30) calendar days from the date of receipt of such notice to:
(1) Respond to Grantor, contesting Grantor's assertion that a violation has occurred, and requesting a hearing in accordance with subsection (E) below, or;
(2) Cure the violation, or;
(3) Notify Grantor that Grantee cannot cure the violation within the thirty
Procedure for Remedying Franchise Violations. (A) If Grantor believes that Xxxxxxx has failed to perform any obligation under this Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation and Xxxxxxx’s preferred remedy.
(B) Grantor must provide written notice of a violation of this Agreement to Grantee. Upon receipt of the notice, Xxxxxxx will have a period of thirty (30) calendar days to do one of the following:
(1) Contest, in writing, Xxxxxxx's assertion that a violation has occurred, and request a hearing before Xxxxxxx’s hearings officer in accordance with subsection (E) below;
(2) Cure the violation;
(3) Notify Grantor, in writing, that Grantee cannot cure the violation within thirty
Procedure for Remedying Franchise Violations shall apply to the proceeding.
Procedure for Remedying Franchise Violations. The procedure for remedying violations of this Franchise Agreement shall be as provided in the Cable System Regulatory Ordinance.
SECTION 7. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (“PEG”) ACCESS
7.1 PEG Generally At no cost to GRANTOR, GRANTEE shall promote ongoing community awareness of PEG access channels, public access facilities and training opportunities for public and educational access, at a minimum in its preview guide and in any program guides containing listings of the local off-air broadcast signals in GRANTEE’S Basic Service tier, provided that the publisher of any such program guide consents to the inclusion of information at no cost to GRANTEE; at no cost to GRANTOR (except for additional postage), concerning PEG access programming carried by GRANTEE based upon the good faith efforts of GRANTEE to secure such listings, in an annual xxxx stuffer supplied by GRANTOR, and in public service announcements supplied by GRANTOR, all in such places and at such times as GRANTEE in its sole discretion shall determine. GRANTEE shall provide GRANTOR, on reasonable request, with a summary of its activities in this regard.
7.1.1 Initial Grant GRANTEE shall provide GRANTOR with a one time grant in the amount of $96,764.85, payable to GRANTOR not later than thirty (30) days after enactment of this Franchise. Such grant shall be, in addition to the payments provided in Section 7.1.4(A). This payment is in full satisfaction of any and all claims which GRANTOR may have against GRANTEE with respect to the original grant of a Cable System franchise by GRANTOR to GRANTEE as the same has been extended from time to time through December 31, 1997. With respect to the time period December 31, 1997 through December 31, 1999 the initial grant resolves all PEG payment obligations under the initial franchise agreement and any extensions thereto.
Procedure for Remedying Franchise Violations. (A) If the Grantor reasonably believes that Xxxxxxx has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to:
(1) respond to the Grantor, contesting the Grantor's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below;
(2) cure the default; or,
(3) notify the Grantor that Grantee cannot cure the default within the thirty
Procedure for Remedying Franchise Violations. 13.1.1. If City believes that Grantee has failed to perform any obligation under this agreement or has failed to perform in a timely manner, City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation.
13.1.2. The City must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of 30 days to cure the violation or 30 days to present to the City a reasonable remedial plan. The City shall, with Grantee’s consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within 30 days or the City rejects the remedial plan. The procedures provided in section 13 shall be utilized to impose any fines. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if City has actual knowledge of the violation and fails to give the Grantee the notice, then the date of the violation shall be no earlier than ten business days before the City gives Grantee the notice of the violation.
