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2003_Ordinances
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2003_Ordinances
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14.10 Construction. This Franchise shall be construed and enforced in <br />accordance with the substantive laws of the State of Virginia and without • <br />reference to its principals of conflicts of law. <br />14.11 Captions. The paragraph captions and headings in this Franchise are for <br />convenience and reference purposes only and shall not affect in any way the <br />meaning of interpretation of this Franchise. <br />14.12 Calculation of Time. Where the performance or doing of any act, duty, <br />matter, payment or thing is required hereunder and the period of time or duration <br />for the performance or during thereof is prescribed and fixed herein, the time <br />shall be computed so as to exclude the first and include the last day of the <br />prescribed or fixed period or duration of time. When the last day of the period <br />falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the <br />computation. <br />14.13 Time of Essence; Maintenance of Records of Essence. Unless <br />specifically referenced herein, in determining whether Grantee has substantially <br />complied with this Franchise, the parties agree that time is of the essence to this <br />Franchise. As a result, Grantee's failure to complete construction, extend <br />service, seek approval of transfer, or provide information in a timely manner <br />constitute material breaches. The maintenance of records and provision of <br />reports in accordance with the Franchise is also of the essence to this Franchise. <br />14.14 Disputes Between Parties. In the event a dispute arises between the City <br />and Grantee before any court of competent jurisdiction, the party which <br />substantially prevails shall have its reasonable legal costs and expenses, <br />including reasonable attorneys' fees, paid for by the losing party. <br />SECTION 15. EFFECTIVE DATE PUBLICATION AND TIME OF ACCEPTANCE <br />15.01 Publication: Effective Date. This Franchise shall be signed by the Mayor <br />or acting Mayor and attested by the City Clerk. The Franchise shall be published <br />in accordance with the requirements of City and state law and shall take effect <br />upon acceptance by Grantee. <br />15.02 Time of Acceptance: Exhibits. <br />A. Grantee shall have thirty (30) days from the date of adoption of this <br />Franchise to accept this Franchise. Such acceptance by Grantee shall be <br />deemed the grant of this Franchise for all purposes. In the event <br />acceptance does not take place within thirty (30) days or such other time <br />as the City might allow, this Franchise shall be null and void. <br />B. Upon acceptance of this Franchise, Grantee shall be bound by all <br />the terms and conditions contained herein. Grantee shall provide all <br />Services and offerings specifically set forth herein to provide Cable • <br />Services within the City. <br />46 <br />
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