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Ordinance 2858-05
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Ordinance 2858-05
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3/26/2015 2:34:14 PM
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Ordinances
Ordinance Number
2858-05
Date
8/3/2005
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shall be related to the qualifications of the prospective controlling party or transferee and to the <br /> resolution of outstanding and unresolved issues of noncompliance with the terms and conditions <br /> of this Franchise by Grantee. Additionally, the prospective transferee or assignee must have <br /> been certified by the FCC to operate as an Open Video System Operator in the City. <br /> (G) Notwithstanding anything to the contrary in this subsection, the prior <br /> approval of the City shall not be required for any sale, assignment or transfer of the Franchise or <br /> Open Video System to an entity controlling, controlled by or under the same common control as <br /> Grantee. The proposed assignee or transferee must agree in writing to comply with all of the <br /> provisions of the Franchise. Further, Grantee may pledge the assets of the Open Video System <br /> for the purpose of financing without the consent of the City; provided that such pledge of assets <br /> shall not impair or mitigate Grantee's responsibilities and capabilities to meet all of its <br /> obligations under the provisions of this Franchise. <br /> SECTION 14. SEVERABILITY <br /> If any Section, subsection, paragraph or provision of this Franchise is determined to be <br /> illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such <br /> determination shall have no effect on the validity of any other Section, subsection, paragraph or <br /> provision of this Franchise, all of which will remain in full force and effect for the term of the <br /> Franchise. <br /> SECTION 15. MISCELLANEOUS PROVISIONS <br /> 15.1. Notices <br /> Throughout the term of the Franchise, each party shall maintain and file with the other a <br /> local address for the service of notices by mail. All notices shall be sent postage prepaid to such <br /> respective address and such notices shall be effective upon the date of mailing. The City or the <br /> Grantee may change these addresses by written notice at any time. At the Effective Date of this <br /> Franchise: <br /> Grantee's address shall be: <br /> Black Rock Cable, Inc. <br /> 1512 Fairview St. <br /> Bellingham, WA 98229 <br /> The City's address shall be: <br /> City of Everett <br /> City Attorney's Office <br /> 2930 Wetmore Avenue, Suite 10-C <br /> Everett, WA 98201 <br /> 15.2. Descriptive Headings <br /> The headings and titles of the Sections and subsections of this Franchise are for reference <br /> purposes only, and shall not affect the meaning or interpretation of the text herein. <br /> 24 <br />
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