Removal of System. (a) Upon lawful termination or revocation of this Agreement, Charter shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal or revocation, the Town or property owner may deem any property not removed as having been abandoned and the Town may remove it at Charter’s cost. (b) During the term of the Agreement, if Charter decides to abandon or no longer use all or part of its Cable System, it shall give the Town written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town shall have the right to require i) Charter to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter with the costs related thereto, or iv) transfer ownership of the property to the Town’s designee, provided fair market value is paid to Charter. (c) Notwithstanding the above, Charter shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
Removal of System. (a) Upon lawful termination denial of renewal or revocation of this Agreement, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal or revocation, the Town Township or property owner may deem any property not removed as having been abandoned and the Town Township may remove it at CharterComcast’s cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town Township written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town The Township shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Comcast with the costs related thereto, or iv) transfer ownership of the property to the TownTownship’s designee, designee provided fair market value is paid to CharterComcast.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by Title VI of the Cable ActCommunications Act of 1934, as amended, or any portion thereof.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this Agreement, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall reasonably restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal termination or revocation, the Town Township or property owner may deem any property not removed as having been abandoned and the Town Township may remove it at CharterComcast’s cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town Township written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon Comcast’s abandonment of the Cable System by CharterSystem, the Town Township shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Comcast with the reasonable costs related thereto, or iv) transfer ownership of the property to the Town’s designee, provided fair market value is paid to Charter.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this AgreementAgreement or of any renewal hereof by passage of time or otherwise, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal termination or revocation, the Town City or property owner may deem any property not removed as having been abandoned and the Town City may remove it at CharterComcast’s cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town City written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town The City shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Comcast with the costs related thereto, or iv) transfer ownership of the property to the TownCity’s designee, designee provided fair market value is paid to CharterComcast.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof thereof, as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Comcast from providing Cable ServicesService, if the Cable System is actively being used to facilitate provide any other telecommunications or information services not governed by Title VI of the Cable ActCommunications Act of 1934, as amended, or any portion thereof.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this Agreement, Charter Service Electric shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal termination or revocation, the Town Township or property owner may deem any property not removed as having been abandoned and the Town Township may remove it at CharterService Electric’s cost.
(b) During the term of the Agreement, if Charter Service Electric decides to abandon or no longer use all or part of its Cable System, it shall give the Town Township written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town The Township shall have the right to either require i) Charter Service Electric to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Service Electric with the costs related thereto, or iv) transfer ownership of the property to the TownTownship’s designee, designee provided fair market value is paid to CharterService Electric.
(c) Notwithstanding the above, Charter Service Electric shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Service Electric from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination denial of renewal or revocation of this AgreementAgreement or of any renewal hereof by passage of time or otherwise, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six three (63) months of such lawful denial of renewal or revocation, the Town Municipality or property owner may deem any property not removed as having been abandoned and the Town Municipality may remove it at CharterComcast’s cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town Municipality written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town The Municipality shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Comcast with the costs related thereto, or iv) transfer ownership of the property to the TownMunicipality’s designee, designee provided fair market value is paid to CharterComcast.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by Title VI of the Cable ActCommunications Act of 1934, as amended, or any portion thereof.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this Agreement, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to a condition reasonably comparable to their original conditioncondition prior to the removal. If such removal is not completed within six (6) months of such lawful denial of renewal termination or revocation, the Town or property owner may deem any property not removed as having been abandoned and the Town may remove it at Charter’s Comcast's cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the The Town shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) or remove the property itself and charge Charter Comcast with the costs related thereto, or iv) transfer ownership of the property to the Town’s designee, provided fair market value is paid to Charter.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination denial of renewal or revocation of this Agreement, Charter Comcast shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal or revocation, the Town Township or property owner may deem any property not removed as having been abandoned and the Town Township may remove it at CharterComcast’s cost.
(b) During the term of the Agreement, if Charter Comcast decides to abandon or no longer use all or part of its Cable System, it shall give the Town Township written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon abandonment of the Cable System by Charter, the Town The Township shall have the right to either require i) Charter Comcast to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Comcast with the costs related thereto, or iv) transfer ownership of the property to the TownTownship’s designee, designee provided fair market value is paid to CharterComcast.
(c) Notwithstanding the above, Charter Comcast shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, revocation, or any other lawful action to forbid or disallow Charter Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by Title VI of the Cable ActCommunications Act of 1934, as amended, or any portion thereof.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this Agreement, Charter Grantee shall remove its supporting structures, poles, transmissions and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall reasonably restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal termination or revocation, the Town Township or property owner may deem any property not removed as having been abandoned and the Town Township may remove it at CharterGrantee’s cost.
(b) During the term of the Agreement, if Charter Xxxxxxx decides to abandon or no longer use all or part of its Cable System, it shall give the Town Township written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its location. Upon Xxxxxxx’s abandonment of the Cable System by CharterSystem, the Town Township shall have the right to either require i) Charter Grantee to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter Grantee with the reasonable costs related thereto, or iv) transfer ownership of the property to the Town’s designee, provided fair market value is paid to Charter.
(c) Notwithstanding the above, Charter Grantee shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Charter Grantee from providing Cable Services, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.
Appears in 1 contract
Samples: Cable Franchise Agreement
Removal of System. (a) Upon lawful termination or revocation of this AgreementRenewal License or denial of any renewal hereof by passage of time or otherwise in accordance with applicable law and after all appeals from any judicial determination are exhausted and final, Charter Licensee shall remove its supporting structures, poles, transmissions transmission and distribution systems and other appurtenances from the Public Rights-of-Way streets, ways, lanes, alleys, parkways, bridges, highways, and other public and private places in, over, under, or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six (6) months of such lawful denial of renewal or revocationtermination, the Town Issuing Authority or property owner may deem any property not removed as having been abandoned and the Town may remove it at Charter’s cost.
(b) During the term of the Agreement, if Charter decides to abandon or no longer use all or part of its Cable System, it shall give the Town written notice of its intent at least ninety (90) days prior to the announcement of such decision, which notice shall describe the property and its locationabandoned. Upon abandonment of the Cable System by Charter, the Town shall have the right to require i) Charter to remove the property, ii) leave the property in place, iii) remove the property itself and charge Charter with the costs related thereto, or iv) transfer ownership of the property to the Town’s designee, provided fair market value is paid to Charter.
(c) Notwithstanding the above, Charter Franchisee shall not be required to remove its Cable System, or to relocate the Cable System, or to sell the Cable System, or any portion thereof as a result of revocationtermination, denial of renewal, or any other lawful action to forbid or disallow Charter Franchisee from providing Cable ServicesService, if the Cable System is actively being used to facilitate any other services not governed by the Cable Act.. Notwithstanding the above, the Licensee shall not be required to remove its Cable System, or to relocate the Cable System as a result of revocation, denial of renewal, or any other lawful action to forbid or disallow Comcast from providing Cable Services, if the Cable System is actively being used to facilitate any other services as allowed by applicable law
Appears in 1 contract
Samples: Cable Television License