96-088 Ordinance - Laserfiche WebLink

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.k ?. - • SECTION XXXaE:-- ? ? . ACCEPTANCE (a) The foregoing franchise, rights and privileges are conditioned upon the GRANTEE accepting and promising to abide by the provisions contained herein. _Such acceptance and promise sha(i consist of a copy of the Agreement, duly executed and acknowledged by or on behalf of GRANTEE, entered into with the City, and filed with the Clerk of Council within twenty (20) days after signing. (b) The above-required Agreement shall be accompanied by a certified or cashief's check, approved by the City, in the amount of ten thousand nine hundred and five and 69/100 dollars ($10,905_69) made payable fo the City of North Olmsted, Ohio as an acceptance fee within thirty (30) days of execution by the Ciry. Upon receipt of the check, it shall be deposited in an account of the City and shall serve to recover expenses demonstrated to have been incurred by the City in the considering, negotiating and awarding of this Franchise. Said expenses shall include consultant's fees and expenses; and the reasonable value of service performed by Ciiy employees, its Law Director, agents or contractors associated with considering and negotiating this Agreement. Any funds remaining after all expenses have been paid shall be refunded to the GRANTEE. The City does not guarantee any amounts to be refunded. SECTION XXXIII STATUTE OF LIMITATIONS Any ctaim or legal action arising from or in connection with any failures in the operation or the performance or non-performance of any obligation hereunder including payment of any amounts due must be bourn`=within two years after the date the cause of ac,tion accrues. Such limitation period, however, shall not preclude the City from taking into account the GRANTEE's performance over the life of this Agreement when considering renewal of the Franchise. SECTION XXXIV fV1ATERIAL CHANGE OF CONDITIOtdS In the event of: (I) any change in, amendment to, modification, adoption or repeal ofi any federal, state or local latv, rule or regulation which is likely to result in or create economic waste or be administratively burdensome to GRANTEES's cable operations as a whole, and to solely with respect to the operation of the cable system to which this Agreement applies, or (ii) any other change in condition beyond the 3 S