113.52 ALTERNATIVE REMEDIES.

No provision of this chapter shall be deemed to bar the right of the Grantor to seek or obtain judicial relief from a violation of any provision of the franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the Grantor to recover monetary damages, (including all dispute related expenses such as attorneys’ fees and except where liquidated damages are otherwise prescribed) for such violation by the Grantee, or judicial enforcement of the Grantee’s obligations by means of specific performance, injunctive relief or mandate, or any other judicial remedy available at law or in equity. All judicial action sought for a violation of any provision of the franchise or any rule, regulation, requirement or directive promulgated thereunder shall be commenced in the Linn County Circuit Court.

113.53 NON-ENFORCEMENT.

Subject to the provisions of the Act, a Grantee shall not be relieved of any obligation to comply with any of the provisions of the franchise or any rule, regulation, requirement or directive promulgated thereunder by reason of any failure of the Grantor or its officers, agents or employees to enforce prompt compliance nor shall such be considered a waiver thereof.

113.54 COMPLIANCE WITH LAW.

Notwithstanding any other provisions of the franchise to the contrary, the Grantee shall at all times comply with all laws and regulations of the State and Federal government or any administrative agencies thereof. Provided, however, if any such State or Federal law or regulation shall require the Grantee to perform any service, or shall permit the Grantee to perform any service, or shall prohibit the Grantee from performing any service, in conflict with the terms of the franchise or any law or regulation of the Grantor, then as soon as possible following knowledge thereof, the Grantee shall notify the Grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of the Grantor or the franchise.

113.55 UNAUTHORIZED RECEPTION, USE OR SALE OF SERVICES.

1.    It is unlawful for any person to lawfully obtain any cable signal or service from a Grantee and to resell such cable signal or service without the prior written consent of such Grantee.

2.    It is unlawful for any person to intercept, de-scramble, decode, or receive or assist in the interception, de-scrambling, decoding or receiving of any cable signal or service of a Grantee without the prior written consent of Grantee. As used in this subsection “assist in interception, de-scrambling, decoding or receiving” includes the manufacture or distribution of equipment intended by the manufacturer or distributor for unauthorized reception of cable signal or service.

3.    It is unlawful for any person to intentionally damage any cables, lines or equipment of any Grantee used in or for the purpose of transmitting cable signals or service.

4.    It is unlawful for any person to obtain cable signals or service from any Grantee of the Grantor by means of fraud, deceit or theft.

113.56 WAIVER OR EXEMPTION.

The Grantor reserves the right to waive provisions of this chapter, or exempt a Grantee from meeting provisions of this chapter, if the Grantor determines such waiver or exemption is in the public interest.