VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the Township. (b) Comcast shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast must cure the violation shall be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the Township. (c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the Township’s judgment, Comcast has not taken reasonable steps to cure the violation, then the Township may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
Appears in 4 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement, Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has has/have been violated and violated. If the details relating thereto. The person providing such notice Township does not notify Comcast of any violation of this Agreement, it shall do so not operate as a waiver of any rights of the Township hereunder or pursuant to the requisite authority of the Townshipapplicable law.
(b) Comcast shall have forty-five thirty (4530) days to cure such violation after written notice is received by taking reasonable appropriate steps to comply with the terms of this Agreement. If the nature of the violation is such that that, in the Township’s reasonable judgment, it cannot be fully cured within forty-five thirty (4530) daysdays due to circumstances outside of Comcast’s control, the period of time in which Comcast must cure the violation shall may be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps diligently pursuing its efforts to complete the cure in the reasonable judgment of the Township.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b9.1(b) and, in the Township’s judgment, Comcast has not taken reasonable steps to cure the violationabove, then the Township may deem that Comcast is shall be liable for liquidated damages and/or any other right or remedy and the Township’s costs in accordance with this Section 89.2 below.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township Borough has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the TownshipBorough.
(b) Comcast shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast must cure the violation shall be extended by the Township Borough in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the TownshipBorough.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the TownshipBorough’s judgment, Comcast has not taken reasonable steps to cure the violation, then the Township Borough may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township County has reason to believe that Comcast violated any material provision provisions of this Agreement, it shall informally discuss any alleged violation with Comcast. If these discussions do not lead to resolution of the alleged violation in a reasonable time, the County shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice If the County does not notify Comcast of any violation of this Agreement, it shall do so not operate as a waiver of any rights of the County hereunder or pursuant to the requisite authority of the Townshipapplicable law.
(b) Comcast shall have forty-five thirty (4530) days from receipt of the written notice to: (i) respond to the County, if Comcast contests (in whole or in part) the assertion of violation; or (ii) cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five thirty (4530) days, the period of time in which Comcast must cure the violation shall be extended by the Township County in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps diligently pursuing its efforts to complete the cure in the reasonable judgment of the TownshipCounty.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in or if the TownshipCounty disagrees with Comcast’s judgment, Comcast has not taken reasonable steps to cure challenge of the violation, then the Township County may deem that Comcast is liable for liquidated damages and/or or any other right or remedy in accordance with this Section 88.2.
Appears in 2 contracts
Samples: Cable Franchise Agreement, Cable Television Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast Grantee violated any material provision of this Agreement, it shall notify Comcast Grantee in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the Township.
(b) Comcast Grantee shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast Grantee must cure the violation shall be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast Grantee shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the Township.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the Township’s judgment, Comcast Grantee has not taken reasonable steps to cure the violation, then the Township may deem that Comcast Grantee is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
Appears in 1 contract
Samples: Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township Borough has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the TownshipBorough.
(b) Comcast shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast must cure the violation shall be extended by the Township Borough in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the TownshipBorough.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the TownshipBorough’s judgment, Comcast has not taken reasonable steps to cure the violation, then the Township Borough may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
Appears in 1 contract
Samples: Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast Service Electric violated any material provision of this Agreement, it shall notify Comcast Service Electric in writing via certified mail of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice If the Township does not notify Service Electric of any violation of this Agreement, it shall do so not operate as a waiver of any rights of the Township hereunder or pursuant to the requisite authority of the Townshipapplicable law.
(b) Comcast Service Electric shall have forty-five thirty (4530) days to cure such violation after written notice is received by taking reasonable appropriate steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five thirty (4530) days, the period of time in which Comcast Service Electric must cure the violation shall be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast Service Electric shall have promptly commenced to cure and is taking reasonable steps diligently pursuing its efforts to complete the cure in the reasonable judgment of the Township.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the Township’s judgment, Comcast Service Electric has not taken reasonable steps to cure the violation, then the Township may deem that Comcast Service Electric is liable for liquidated damages and/or any other right or remedy and the Township’s costs in accordance with this Section 88.2.
Appears in 1 contract
Samples: Cable Franchise Agreement
VIOLATIONS AND OPPORTUNITY TO CURE. (a) If the Township has reason to believe that Comcast violated any material provision of this Agreement, it shall notify Comcast in writing of the nature of such violation and the section(s) of this Agreement that it believes has been violated and the details relating thereto. The person providing such notice shall do so pursuant to the requisite authority of the Township.
(b) Comcast shall have forty-five (45) days to cure such violation after written notice is received by taking reasonable steps to comply with the terms of this Agreement. If the nature of the violation is such that it cannot be fully cured within forty-five (45) days, the period of time in which Comcast must cure the violation shall be extended by the Township in writing for such additional time necessary to complete the cure, provided that Comcast shall have promptly commenced to cure and is taking reasonable steps to complete the cure in the reasonable judgment of the Township.
(c) If the violation has not been cured within the time period allowed under Section 8.1(b) and, in the Township’s judgment, Comcast has not taken reasonable steps to cure the violation, then the Township may deem that Comcast is liable for liquidated damages and/or any other right or remedy in accordance with this Section 8.
Appears in 1 contract
Samples: Cable Franchise Agreement