(a) Basis for default. shall give written notice of default to grantee if , in its sole discretion, determines that grantee has:
(1) Violated any material provision of this franchise or the acceptance hereto or any rule, order, regulation or determination of the , state or federal government, not in conflict with this franchise;
(2) Attempted to evade any provision of this franchise or the acceptance hereof;
(3) Practiced any fraud or deceit upon or subscribers;
(4) Made a material misrepresentation of fact in the application for or negotiation of this franchise; or
(5) Failed to comply with § 20.37 herein regarding build out.
(b) Default procedure. If grantee fails to cure such default within 30 after the giving of such notice (or if such default is of such a character as to require more than 30 within which to cure the same, and grantee fails to commence to cure the same within said 30 period and thereafter fails to use reasonable diligence, in ’s sole opinion, to cure such default as soon as possible), then, and in any event, such default shall be a substantial breach and may elect to terminate the franchise. The may place the issue of revocation and termination of this franchise before the governing body of at a regular meeting. If decides there is cause or reason to terminate, the following procedure shall be followed:
(1) shall provide grantee with a written notice of the reason or cause for proposed termination and shall allow grantee a minimum of 30 subsequent to receipt of the notice in which to correct the default.
(2) Grantee shall be provided with an opportunity to be heard at a public hearing prior to any decision to terminate this franchise.
(3) If, after notice is given and an opportunity to cure, at grantee’s option, a public hearing is held, and the determines there was a violation, breach, failure, refusal or neglect, the may declare by resolution the franchise revoked and of no further force and effect unless there is compliance within such period as the may fix, such period may not be less than 30 provided no opportunity for compliance need be granted for fraud or misrepresentation. Nothing herein shall waive grantee’s right to challenge any action in court in accordance with applicable law.
(c) Mediation/legal challenge. The and the grantee agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this franchise to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, MN 55405. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations.
(d) Failure to enforce. Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the to enforce prompt compliance, and ’s failure to enforce shall not constitute a waiver of rights or acquiescence in grantee’s conduct.
(e) Compliance with the laws.
(1) If any federal or state law or regulation shall require or permit or grantee to perform any service or act or shall prohibit or grantee from performing any service or act which may be in conflict with the terms of this franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and shall conform to federal laws and regulations regarding cable as they become effective.
(2) If any term, condition or provision of this franchise or the application thereof to any or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on grantee and .
(Ord. 2015-36, passed 11-16-2015)