Stevensville |
Code of Ordinances |
Appendix |
Appendix A. Franchises |
Article III. Comcast of Indiana/Michigan/Pennsylvania |
12. Miscellaneous provisions. |
12.1.
Force majeure. The grantee shall not be held in default
under, or in noncompliance with, the provisions of the franchise,
nor suffer any enforcement or penalty relating to noncompliance or
default (including termination, cancellation or revocation of the
franchise), where such noncompliance or alleged defaults occurred
or were caused by strike, riot, war, earthquake, flood, tidal wave,
unusually severe rain or snow storm, hurricane, tornado or other catastrophic
act of nature, labor disputes, failure of utility service necessary
to operate the cable system, governmental, administrative or judicial
order or regulation or other event that is reasonably beyond the grantee's
ability to anticipate or control. This provision also covers work
delays caused by waiting for utility providers to service or monitor
their own utility poles on which the grantee's cable or equipment
is attached, as well as unavailability of materials or qualified labor
to perform the work necessary.
12.2.
Notice. All notices shall be in writing and shall
be sufficiently given and served upon the other party by hand delivery,
first class mail, registered or certified, return receipt requested,
postage prepaid, or by reputable overnight courier service and addressed
as follows:
To the franchising authority:
Village of Stevensville
Manager
5768 St Joseph Avenue
Stevensville, MI 49127
To the grantee:
Comcast of Indiana/Michigan/Pennsylvania, LLC
7720 West 98th St. Hickory Hills, IL 60457
Attn: Government Affairs
with a copy to:
Comcast Cable Communications, Inc.
1500 Market Street
Philadelphia, PA 19102
Attn.: Government Affairs Department
12.3.
Entire agreement. This franchise agreement, including
all exhibits, embodies the entire understanding and agreement of the
franchising authority and the grantee with respect to the subject
matter hereof and supersedes all prior understandings, agreements
and communications, whether written or oral. All ordinances or parts
of ordinances that are in conflict with or otherwise impose obligations
different from the provisions of this franchise agreement are superseded
by this franchise agreement.
12.4.
Severability. If any section, subsection, sentence,
clause, phrase, or other portion of this franchise agreement is, for
any reason, declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or other authority of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent
portion. Such declaration shall not affect the validity of the remaining
portions hereof, which other portions shall continue in full force
and effect.
12.5.
Governing law. This franchise agreement shall be
deemed to be executed in the State of Michigan, and shall be governed
in all respects, including validity, interpretation and effect, and
construed in accordance with, the laws of the State of Michigan, as
applicable to contracts entered into and performed entirely within
the state.
12.6.
Modification. No provision of this franchise agreement
shall be amended or otherwise modified, in whole or in part, except
by an instrument, in writing, duly executed by the franchising authority
and the grantee, which amendment shall be authorized on behalf of
the franchising authority through the adoption of an appropriate resolution
or order by the franchising authority, as required by applicable law.
12.7.
No third-party beneficiaries. Nothing in this franchise
agreement is or was intended to confer third-party beneficiary status
on any member of the public to enforce the terms of this franchise
agreement.
12.8.
No waiver of rights. Nothing in this franchise agreement
shall be construed as a waiver of any rights, substantive or procedural,
grantee may have under federal or state law unless such waiver is
expressly stated herein.
Dated: October 26, 2005
|