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7/17/2007 8:37:48 AM
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Roseville City Council
Document Type
Council Resolutions
Resolution #
9333
Resolution Title
Consenting to the transfer of control of and certain ownership interests in a Cable Television Franchisee to U.S. West, Inc., (9/23/96).
Resolution Date Passed
9/23/1996
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<br />3. In the event that Guarantor should breach or fail to timely perform any provisions <br />of this Guaranty, Guarantor shall pay Authority all costs and expenses (including court costs and <br />attorneys' fees) incurred by Authority in the successful enforcement hereof. <br /> <br />4. Guarantor represents and warrants that the execution, delivery and performance by <br />Guarantor of this Guaranty and the consummation of the transactions contemplated hereunder do <br />not, and will not, contravene or conflict with any law, statute or regulation whatsoever to which <br />Guarantor is subject or constitute a default (or an event which with notice or lapse of time or both <br />would constitute a default) under, or result in the breach of, any indenture, mortgage, deed of <br />trust, charge, lien, or any contract, agreement or other instrument to which Guarantor is a party <br />or which may be applicable to Guarantor. This Guaranty is a legal and binding obligation of <br />Guarantor and is enforceable in accordance with its terms, except as limited by bankruptcy, <br />insolvency or other laws of general application relating to the enforcement of creditors' rights. <br /> <br />5. The Guarantor agrees that no failure to exercise, and no delay in exercising, on the <br />part of the Authority, any right hereunder shall operate as a waiver thereof, nor shall any single <br />or partial exercise thereof preclude any other or further exercise thereof or the exercise of any <br />other right. The rights of the Authority hereunder shall be in addition to all other rights provided <br />by law. No modification or waiver of any provision of this Guaranty, nor consent to departure <br />therefrom, shall be effective unless in writing and no such consent or waiver shall extend beyond <br />the particular case and purpose involved. No notice or demand given in any case shall constitute <br />a waiver of the right to take other action in the same, similar or other instances without such <br />notice or demand. <br /> <br />6. This Guaranty shall be governed by and construed in accordance with the laws of <br />the State of Minnesota and the applicable laws of the United States of America. <br /> <br />7. This Guaranty may be amended only by an instrument in writing executed by the <br />party or an authorized representative of the party against whom such amendment is sought to be <br />enforced. <br /> <br />IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed by its <br />authorized officers as of the day and year fIrst above written. <br /> <br />Continental Cablevision, Inc. <br /> <br />. By <br />Title <br /> <br />ATIEST: <br /> <br />C:ICA8I.1\C01t1'1NEN1AV.H'!'Y.PIN <br />
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