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ADELPHIA 2 - 2005
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ADELPHIA 2 - 2005
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Last modified
1/3/2012 3:16:37 PM
Creation date
6/14/2005 2:00:12 PM
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Contracts
Company Name
Adelphia Cable Television
Contract #
A-2005-130
Agency
City Attorney's Office
Council Approval Date
5/2/2005
Expiration Date
6/30/2005
Destruction Year
2010
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<br />1.3. Definitions. <br /> <br />Unless otherwise defined, or unless the use or context clearly requires a different <br />definition, the words, terms, and phrases and their derivations, as used in this Agreement, have <br />the meanings set forth below in Section 14. <br /> <br />1.4. Conflicts. <br /> <br />In the event of any conflict or inconsistency between the provisions of this <br />Agreement and the provisions of Chapter IS, the provisions of this Agreement will control. <br /> <br />1.5. Grant. <br /> <br />(a) The renewal authorized by this Agreement relates to the cable television <br />franchise that was originally granted by Grantor's Ordinance No. NS-1628, as adopted on May <br />3, 1982, and that was thereafter modified and transferred as described in paragraphs (A) through <br />(D) of the Recitals. <br /> <br />(b) This renewal extends the franchise, authority, right, and privilege to <br />construct, reconstruct, operate, and maintain a cable television system in the "franchise service <br />area," which is here defined as the territorial limits of the City of Santa Ana as they exist on the <br />effective date ofthis Agreement, and any additional territory that may be annexed during the <br />term of this Agreement. <br /> <br />1.6. Right of Grantor to Issue and Renew Franchise. <br /> <br />Grantee expressly acknowledges the right and authority of Grantor to issue and <br />renew the franchise. <br /> <br />1.7. Effective Date of Renewal. <br /> <br />Notwithstanding its earlier execution by the parties, performance under the <br />provisions of this Agreement will commence on July 1,2005, which is referred to herein as the <br />"effective date." No later than 30 days after the date on which the ordinance authorizing this <br />Agreement becomes operative, Grantee must file with the City Clerk any required construction <br />bond, security fund, and verification of insurance coverage; provided, however, that if the filing <br />of these documents does not occur by the end of that 30-day period, or within any authorized <br />extension ofthat date, the Grantor may declare this Agreement to be null and void. <br /> <br />1.8. Duration. <br /> <br />The term of the franchise renewal is fifteen (IS) years from the effective date as <br />specified in Section I .7. Renewal of the franchise, if any, will be in accordance with then <br />applicable law. <br /> <br />12097 -0002\6~0672v 19 .doc <br /> <br />-4- <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/05 <br />
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