In any action by the franchising authority or the grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
The grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where such noncompliance or alleged defaults occurred or where caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee's ability to anticipate and control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the grantee's cable and/or equipment is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
In the event the franchising authority enters into a franchise, permit, license, authorization or other agreement of any kind with any other person or entity other than the grantee to enter into the franchising authority's public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
Unless expressly otherwise agreed between the parties, every notice or response required by this franchise to be served upon the franchising authority or the grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid.
The notices or responses to the franchising authority shall be addressed as follows:
Town of Selbyville
68 West Church Street
Selbyville, DE 19975
Attention: Mayor and Council
The notices or responses to the grantee shall be addressed as follows:
Mediacom of Lower Delaware/Maryland
P.O. Box 440
Millsboro, Delaware 19966
Attention: Donald E. Zagorski, General Manager
with a copy to:
Mediacom LLC
100 Crystal Run Road
Middletown, NY 10941
Attention: Mark E. Stephan, Sr. Vice President and CFO
The franchising authority and the grantee may designate such other address or addresses from time to time by giving notice to the other.
The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.
If any section, sentence, paragraph, term or provision hereof is determined to be illegal, invalid or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term of provision hereof, all of which will remain in full force and effect for the term of the franchise, or any renewal or renewals thereof.
The effective date of this franchise is May 4, 1998, pursuant to the provisions of applicable law. This franchise shall expire on May 4, 2013, unless extended by the mutual agreement of the parties.