Reso 2004-645 - Laserfiche WebLink

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b. The ability of the City to enforce in the future any Franchise or Ordinance term which may not have been enforced in the past. c. The ability of the City to consider Defaults occurring prior to the Assignment to Atlantic Broadband in connection with any renewal or non- renewal of the Franchise. 5. Effect of Transfer. Neither the Transactions nor the Assignment affects the obligation of Atlantic Broadband as franchisee to abide by the terms and conditions of the Franchise; to comply with the terms of applicable Federal and State laws or local ordinances and related regulations; or to effect changes required by such Franchise, laws, ordinances, and regulations as promptly as practicable, in the operation of the cable system in the City, if any change is necessary to cure any violation thereof or default thereunder presently in effect or ongoing. None of the parties is presently aware of any such violation or default. 6. Effect on Rates. Atlantic Broadband and Charter anticipate that this Assignment shall not result in any increases in the amounts paid by subscribers. 7. Stability of Rates. Atlantic Broadband voluntarily agrees that should it be necessary to increase the rates paid by subscribers within one (1) year from the effective date of this Acceptance Agreement, it shall notify the City in writing at least thirty (30) days prior to any such rate increase becoming effective. 8. Customer Service. Atlantic Broadband agrees that it shall continue to provide, at minimum, the same quality and level of customer service that are currently being provided in the City of Sunny Isles Beach. Atlantic Broadband agrees to provide the City with at least thirty (30) days advance written notice of any material reduction in the hours of operation or staffing levels of customer service offices below current levels. 9. Other Matters. a. Time Limit. This Acceptance Agreement and the City's consent to the Assignment of the Franchise shall become immediately effective upon adoption and full execution of this Acceptance Agreement, and shall become null and void if the Transaction closing is not completed on or before June 30, 2004. b. Conflict. In the event of any conflict between the terms of this Acceptance Agreement and the Franchise, this Acceptance Agreement shall prevail. c. Cost Reimbursement. Atlantic Broadband and Charter shall cause the City to be reimbursed for its reasonable and documented costs and attorneys' fees incurred in connection with the Assignment pursuant to Section 8(t) of the Cable Franchise Ordinance. Reimbursement under this 2 SIB