(A) Notices. All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, or mailed by certified or registered mail properly addressed with postage prepaid:
(1) If to the county, to: Office of the Clark County Judge/Executive, Clark County Courthouse, 34 South Main Street, Winchester, KY 40391, or to such other person or address as the county shall furnish to the grantee in writing in accordance herewith; and
(2) If to the grantee, to that address for the grantee contained in the ordinance granting said franchise, or to such other person or address as the grantee shall furnish to the county in writing in accordance herewith.
(B) Severability. If any law, ordinance, regulation, or court decision shall render any provision of this franchise invalid, the remaining provisions of this franchise shall remain in full force and effect.
(C) Force majeure. Any failure or delay by the grantee in its performance of any provision of this franchise shall not be deemed non-compliance with or a violation of this franchise if such failure or delay is attributable to any Act of God or is due to any other circumstances beyond the control of the grantee.
(D) Non-exclusivity. The right to own, operate, and maintain a CATV system in the county shall be non-exclusive; however, should the county desire to grant multiple CATV system franchises, the county shall not authorize or permit any such CATV system to operate within the county on terms or conditions more favorable or less burdensome to such operator than those applied to the grantee pursuant to this chapter. Should the county authorize or permit multiple CATV systems to operate within the county, the county shall do so on the condition that such additional grantees indemnify and hold harmless existing grantees from and against any and all costs and expenses incurred by existing grantee in strengthening poles, replacing poles, rearranging attachments, placing underground facilities, and all other costs, including those of the grantee, the county, and utilities, incident to inspections, make-ready, and construction of any additional CATV system in the franchise area; and provided further that the grantee shall be designated a third party beneficiary of such conditions as are incorporated into any authorization(s) granted to any other CATV system.
(E) Assignment and change of control. The grantee may assign any franchise granted, provided that the assignee shall give prompt written notice thereof to the county and shall, in such notice, covenant and agree to be bound by all of the terms and conditions of said franchise.
(F) Governing law. This franchise shall be governed by and construed in accordance with the laws of the state and applicable federal law.
(Prior Code, § 64.013) (Ord. 89-15, passed 8-23-1989; Ord. 95-7, passed 4-19-1995; Ord. 95-6, passed 5-10-1995; Ord. 95-20, passed 12-13-1995; Ord. 2002-13, passed 6-12-2002)