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90-026
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90-026
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5/8/2007 1:17:51 PM
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11/14/2006 10:40:59 AM
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<br />and the Company must agree to and execute the equipment <br /> <br /> <br />repair and replacement list, if any, required by paragraph 4 ... <br /> <br /> <br />hereof and Amendment Agreement No. 2 before this Resolution <br /> <br /> <br />shall become effective. <br /> <br />23. <br /> <br />This resolution shall not be severable. <br /> <br />A judicial deter- <br /> <br />mination as to the ineffectiveness of any provision herein <br />may render the entire resolution null and void in the sole <br />discretion of the Commission, or its legal successor, <br />returning the Company's obligations to those levels required <br />by the original Franchise Ordinances, as amended prior to <br />the effective date of this resolution. In such event, the <br />Commission shall return all equipment delineated in Exhibit <br />B in an operable condition, or the Member cities may relieve <br />the Company of its obligation to provide such equipment, <br />studios or services related to any such unavailable or <br /> <br />. <br /> <br />inoperable equipment. As to any Franchise violations <br />existing or alleged as of the execution of this resolution, <br />any waivers or forgiveness thereof contained herein shall <br /> <br />also become null and void, reinstating the Commission/Member <br /> <br />cities' rights to any remedies delineated in the Franchise <br />Ordinances, as if this resolution had never been effective. <br />24. Pursuant to Section 613 (a) (2), of the Cable Communications <br />Act, the Commission/Member cities hereby acknowledge that <br />they do not hold an "ownership interest" in the cable <br /> <br />system. <br /> <br />l2 <br /> <br />. <br />
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