(A) The permittee may surrender its permit at any time, in which event it shall refund to subscribers all prepaid and unearned service and other charges collected from subscribers.
(B) In addition to all other rights and powers pertaining to the township by virtue of this franchise or otherwise, the township preserves the right to terminate and cancel this permit and all rights and privileges of the permittee hereunder in the event that the permittee:
(1) Violates any provision of this permit or any rule, order or determination of the township, Board or their agents made pursuant to this permit, except where such violation is without fault or through excusable neglect;
(2) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged as bankrupt;
(3) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the township; or
(4) Unless otherwise agreed to, fails to begin the design of the system within 90 days after necessary governmental approvals and pole-leasing agreements from utilities owning said poles, or fails to begin construction within six months thereafter, or fails to make reasonable efforts to complete construction within 18 months after commencement of such construction, or fails to complete such construction substantially within two years from the effective date of this franchise. The permittee shall be given 60 days’ written notice to correct any such default or noncompliance before the Board may proceed to terminate the permit as above provided for under this section. The permittee shall be entitled to a hearing before the Board to determine the findings of fact and the propriety of the termination of the permit. The determination of the Board and its decision shall be final.
(C) Upon termination of its permit, the permittee shall at its own expense remove from the streets in the township all its facilities and equipment therein utilized by it in its cable television operation, unless the Board shall specifically authorize it to leave all or part of such facilities and equipment in place.
(Prior Code, § 12.064) (Ord. 011486, passed 1-14-1986)