Common use of Continuity of Service Mandatory Clause in Contracts

Continuity of Service Mandatory. (1) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to Grantee are honored. In the event that Grantee elects to overbuild, rebuild, modify or sell the system, or the City gives notice of intent to terminate or fails to renew this Franchise, Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service. If Grantee fails to provide such service, the City retains the right to provide the service. (2) In the event of a change of Franchisee, or in the event a new operator acquires the system, the Grantee shall cooperate with the City, and the new Franchisee, or operator, in maintaining continuity of service to all subscribers during a reasonably timed transition period agreed to between the parties. During such period, Grantee shall be entitled to the revenues for any period during which it operates the system. B. In the event Grantee ceases transmission of the system's cable services, for twenty-four (24) hours without prior approval of the City, the City may, at its option, seek judicial relief to operate the system, or to designate an operator until such time as a permanent operator is selected. If the City is required to fulfill this obligation for Grantee, the City shall be entitled to revenue derived from the system's operation, and Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City during its period of operation that are the result of Grantee's failure to perform. Notwithstanding the foregoing, cessation of transmission of the system's cable services due to circumstances beyond the control of the Grantee shall not entitle City to seek judicial relief to operate the system or designate another operator to do so.

Continuity of Service Mandatory. (1) It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to Grantee are honored. In the event that Grantee elects to overbuild, rebuild, modify or sell the system, or the City gives notice of intent to terminate or fails to renew this Franchise, Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service. If Grantee fails to provide such service, the City retains the right to provide the service. (2) In the event of a change of Franchisee, or in the event a new operator acquires the system, the Grantee shall cooperate with the City, and the new Franchisee, or operator, in maintaining continuity of service to all subscribers during a reasonably timed transition period agreed to between the parties. During such period, Grantee shall be entitled to the revenues for any period during which it operates the system. B. In the event Grantee ceases transmission of the system's cable services, for twenty-four (24) hours without prior approval of the City, the City may, at its option, seek judicial relief to operate the system, or to designate an operator until such time as a permanent operator is selected. If the City is required to fulfill this obligation for Grantee, the City shall be entitled to revenue derived from the system's systems operation, and Grantee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City during its period of operation that are the result of Grantee's failure to perform. Notwithstanding the foregoingforgoing, cessation of transmission of the system's cable services due to circumstances beyond the control of the Grantee shall not entitle City to seek judicial relief to operate the system or designate another operator to do so.