ADELPHIA 2 - 2005 - Laserfiche WebLink

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(b) Grantee's failure to provide or to maintain the insurance coverage in the amounts specified in Subsection 2.4. (c) Grantee's failure to provide or to maintain the performance bond or the security fund specified in Subsection 2.5. (d) Grantee's failure to comply with the requirements of Subsection 13.1 relating to the assignment, transfer, sale, and change of control ofthe franchise. (e) Subsection 13.4. Grantee's failure to honor its indemnification obligations as specified in (f) Grantee's failure to receive and to maintain all required approvals from the Federal Communications Commission in connection with its operation of the cable television system, unless Grantee is in good faith contesting that failure in a court or governmental agency of competent jurisdiction. (g) Grantee's material violation of any final order or ruling of any regulatory body having jurisdiction over the Grantee relative to the cable television services authorized by the franchise, unless that order or ruling is in good faith being contested by the Grantee before the regulatory body or in a court of competent jurisdiction. (h) Grantee's willful attempt to evade compliance with any provisions of this Agreement or Chapter 15, or to practice any fraud or deceit upon the Grantor or upon existing or prospective subscribers. (i) Grantee's wrongful cessation of cable services to its subscribers for reasons within Grantee's control; provided that Grantee will not be determined to be at fault under any provision of this Agreement in any case where the performance of that provision is excused or excusable under Subsection 13.2. U) Grantee's persistent failure or refusal to remedy violations, defaults, breaches, or incidents of noncompliance for which monetary penalties have previously been imposed, unless Grantee is thcn contesting the same in good faith in a court or governmental agency of competent jurisdiction. (k) Grantee's insolvency, inability to pay its debts, or adjudication as a bankrupt, unless the remedy of franchise revocation is precluded by paramount federal law. (I) Grantee's falsification of information set forth in any report required to be submitted to Grantor under this Agreement. ] ] .3. Authorized Fines. Penalties. and Other Sanctions. (a) Grantor may impose fines, penalties, and other sanctions as set forth in this Subsection 1].3 for defaults under, or incidents of noncompliance with, the material provisions of this Agreement. Grantor must first give Grantee written notice of the alleged 12097 -0002\6806 72v 19 .doc -30- City of Santa Ana EXECUTION COPY 4/07/05