(A) (1) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify, or sell the system, or the grantor gives notice of intent to terminate or fails to renew this franchise, the grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances.
(2) In the event of a change of franchisee, or in the event a new operator acquires the system, the grantee shall cooperate with the grantor, new franchisee, or operator in maintaining continuity of service to all subscribers. During such period, grantee shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.
(B) In the event grantee fails to operate the system for seven consecutive days without prior approval of the grantor or without just cause, the grantor may, at its option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor is required to fulfill this obligation for the grantee, the grantee shall reimburse the grantor for all reasonable costs or damages in excess of revenues from the system received by the grantor that are the result of the grantee’s failure to perform.
(Prior Code, § 115.104) (Ord. D-1485, § 9.5, passed 6-3-1985, effective 6-13-1985)