Township of Lower Providence, PA Grant of Franchise

General requirement. Throughout the term of any franchise agreement, the franchisee shall construct, operate, maintain and upgrade the Cable or open video system in order to ensure that it continuously conforms to the state of the art in accordance with the requirements set forth herein below. In addition, the franchisee, either on its own initiative or at the reasonable request of the Township, shall participate in or undertake experiments, tests, and other activities to enhance and advance state of the art of cable and open video systems technology.

State-of-the-art report. A franchisee shall provide to the Township, in a form satisfactory to the Township, at the Township's request, but no more often than once every year, a report setting forth the franchisee's review and assessment of the current state of the art of cable and open video systems and its plans, if any, for upgrading the system to conform to the state of the art. The report shall address, at a minimum, technological advances making possible enhanced signal quality, publicly available equipment for the receipt of services or greater channel capacity and interactive systems; a list of each jurisdiction in which new technologies have been or are being used and a description of the experience those jurisdictions have had with such new technologies; an assessment of the costs associated with implementing such new technologies into the system; the franchisee's activities to enhance or advance such technology in connection with the system and any other cable, open video or other communications system operated by the franchisee or any affiliated person in the Township or elsewhere and the franchisee's compliance with and any modifications with respect thereto; an assessment of the need to scramble signals distributed over the system in order to prevent theft of service (such assessment to investigate alternatives to scrambling of signals and include a cost/benefit analysis of both scrambling and such alternatives that takes into account significant costs and benefits both to the franchisee and subscribers); a discussion of additional technological advances anticipated during the remainder of the term of the franchise, along with a projection of the costs and timetable for the franchisee offering such advances as part of or over the system; a discussion of what improvements the franchisee anticipates making in its customer service facilities, equipment, systems and operations during the remainder of the term of the franchise, along with a projection of the costs and timetable for the implementation of such improvements; a description of any technical experimentation which the franchisee or any affiliated person anticipates undertaking during the remainder of the term of the franchise; an assessment of the compatibility of the system with subscribers' televisions and videocassette recorders, the franchisee's compliance with the rules and regulations promulgated by the FCC pursuant to Section 624A of the Cable Act (47 U.S.C. §544a) and any experimentation the franchisee is making to enhance such compatibility; and, generally, the steps the franchisee or any affiliated person is undertaking to continuously construct, operate, maintain and upgrade the system in accordance with the state of the art. The state-of-the-art report submitted by a franchisee may be only one resource that the Township will consider in evaluating the franchisee's obligation pursuant to the terms and conditions of the chapter to continuously construct, operate, maintain and upgrade the system in accordance with the state of the art, and the Township may commission third parties, as necessary, to ascertain the current state of the art in cable and open video systems generally.

Procedures for maintaining state of the art. Upon receiving the report from a franchisee required pursuant to this section of the chapter, the Township will evaluate such report and assemble any additional data necessary to ascertain whether the franchisee's system or any aspect thereof needs to be upgraded so that it meets the state-of-the-art requirement set forth herein.

Directive. Upon completing the evaluation contemplated by this section of the chapter, and after providing notice to a franchisee and an opportunity for the franchisee to comment, the Township may issue a directive to the franchisee to upgrade the system so as to incorporate state-of-the-art features. Within 45 days after receipt of such directive, such franchisee shall submit plans, as specified by the Township, describing how it intends to complete such upgrade. Upon approval of such plans by the Township, the franchisee shall commence and diligently pursue implementation of the required upgrade with a date certain for completion. Failure to comply shall make way for a competitor to use current cable infrastructure in Township rights-of-way to provide for said improved services. Improved services shall also take into consideration pricing points on all services to Township residents.

(5)

"State-of-the-Art" or "State of the art," as applicable, means that level of technical or service performance, capacity and capability (including, but not limited to, plant or other equipment; access channel and other production equipment or facilities; construction techniques; customer service; facilities, equipment, pricing, systems and operations; and performance standards) which has been developed and demonstrated in the cable and OVS industry, or any other comparable industry that provides services to the public under similar conditions, to be workable and economically and technically feasible and viable from time to time throughout the term of the franchise.

(6)

"Economically and technically feasible and viable" means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner, and in a manner which has a reasonable likelihood of generating additional revenues or other financial benefits such as lowering the costs to residents for a system, when measured over the term of the franchise.

§ 6-10 Franchise required.

No person shall install, erect, hang, lay, bury, draw, emplace, construct, or reconstruct any cable or open video system or associated facilities upon, across, beneath, or over more than a de minimis amount of any public right-of-way within the Township without a valid franchise granted by the Township; provided, however, that the Township shall not unreasonably refuse to grant such a franchise.

No person shall operate any cable or open video system or associated facilities installed, erected, hung, laid, buried, drawn, emplaced, constructed, or reconstructed upon, across, beneath, or over more than a de minimis amount of any public right-of-way within the Township without a valid franchise granted by the Township; provided, however, that the Township shall not unreasonably refuse to grant such franchise.

No person shall provide any cable or other communications services over a cable or open video system that utilizes any facility or facilities installed, erected, hung, laid, buried, drawn, emplaced, constructed, or reconstructed upon, across, beneath, or over more than a de minimis amount of any public right-of-way within the Township without a valid franchise granted by the Township; provided, however, that the Township shall not unreasonably refuse to grant such franchise.

§ 6-11 Prohibitions.

No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable or open video system shall be commenced by any person until approval therefor has been received from the Township, such approval not to be unreasonably withheld.

No poles shall be erected or installed by a grantee without prior approval of the Township with regard to location, height, type and any other pertinent aspect related to the grantee's use of the public rights-of-way within the Township. The Township shall not unreasonably withhold such prior approval.

§ 6-12 Term of franchise.

The term of any franchise as granted pursuant to this chapter shall be specified in the franchise agreement at the discretion of the Township. Acceleration or termination of said franchise may commence or be required as a penalty or remedy for noncompliance with provisions of this Cable Ordinance or the franchise agreement.

§ 6-13 Use of public rights-of-way.

General. For the purpose of operating and maintaining a cable or open video system in the Township, a grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the Township such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary to the operation of the cable or open video systems, provided, however, that the grantee complies with all design, construction, safety, and performance provisions contained in this chapter, the franchise agreement, and other applicable laws, including but not limited to, the Federal Technical Performance Standards, National Electrical Safety Code (current edition) and public utility company pole contract standards.

Description of facilities.

Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable or open video system under this chapter, the grantee shall first submit to the Township and other designated parties for approval a concise description of the facilities proposed to be erected or installed within the public rights-of-way, including engineering drawings, together with a map and plans in a manner acceptable to the Township indicating the proposed location of all such facilities within the public rights-of-way; provided, however, that such approval shall not be unreasonably withheld.

All installations shall be underground in those areas of the Township where public utilities providing both telephone and electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, the grantee may install its service above ground, provided that at such time as both those facilities are required to be placed underground by the Township or are placed underground, the grantee shall likewise place its services underground. Where not otherwise required to be placed underground by this chapter or the franchise agreement, the grantee's system shall be located underground at the request of a property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the public way shall be installed in accordance with all state and local laws and ordinances.

Prior to construction or alteration in any public way, however, the grantee shall in each case file plans with the appropriate Township agencies and obtain all necessary construction permits and authorizations before proceeding.

Interference with persons, improvements, public and private property and utilities. The grantee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:

Not endanger or interfere with the health, safety or lives of persons;

Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;

Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction repair; and

Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the Township.

Restoration to prior condition. In case of any disturbance of pavement, sidewalk, property, or other surfacing, the grantee shall, at its own cost and expense and in a manner approved by the Township, replace and restore all paving, sidewalk, landscaping, or surfacing of any property or public way, disturbed, in as good a condition as, or better than, before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the Township. Such restoration shall be undertaken within no more than 10 business days after the damage is incurred and shall be completed within 30 business days unless otherwise authorized by the Township.

Relocation of facilities. In the event that at any time during the period of the franchise, the Township, county or state shall lawfully elect to alter or change the grade of any street, alley or other public ways, or make repairs or improvements to any infrastructure, the grantee, upon reasonable notice by the proper authority, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense and with all due deliberate speed.

Cooperation with building movers. The grantee shall, on the request of any person holding a building moving permit issued by the Township, temporarily raise or lower its wire to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given reasonable advance notice to arrange for such temporary wire changes.

Tree trimming. The grantee shall have the authority, except when in conflict with existing Township ordinances, to trim any trees upon or overhanging the public right-of-way so as to prevent the branches of such trees from coming in contact with system facilities, except that at the option of the Township, such trimming as may be required by the grantee may be done by the Township, or under its supervision and direction, at the expense of the grantee. The grantee shall notify the Township prior to trimming any trees in the right-of-way.

Easements. All necessary easements over and under private property shall be arranged for by the grantee.

§ 6-14 Use of grantee facilities.

No poles shall be erected by a grantee without prior approval of the Township with regard to location, height, type and any other pertinent aspect. However, no location of any pole of the grantee shall be a vested right and such poles shall be removed or modified by the grantee at its own expense whenever the Township determines that the public convenience would be enhanced thereby. grantee shall utilize existing poles and conduits, where possible. The Township shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles owned by the grantee, any wire and pole fixtures that do not unreasonably interfere with the operations of the grantee.

§ 6-15 Erection, removal and common use of poles.

Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable or open video system under this chapter, the grantee shall first submit to the Township and other designated parties for approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if required, together with a map and plans indicating the proposed location of all such facilities. No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable or open video system shall be commenced by any person until approval therefore has been received from the Township, such approval not to be unreasonably withheld.

Where poles already exist for use in serving the Township are available for use by the grantee, the Township may require the grantee to use such poles and structures.

§ 6-16 No recourse against Township.

A grantee shall have no recourse against the Township or its officials, boards, commissions, agents, or employees for any loss, costs, expenses, or damage arising out of any provision or requirement of the franchise or because of enforcement of the franchise. This section does not preclude recourse by a grantee if the loss, costs, expenses, or damages arise from willful misconduct by the Township.

§ 6-17 Rights and remedies of Township reserved.

The Township expressly reserves the right to exercise all governmental powers consistent with state and federal law, except as expressly provided, and expressly reserves the right to amend this chapter from time to time in the exercise of its general legislative and police powers. No franchise, work permit, or other grant of authority pertaining to use of the public rights-of-way shall estop or limit the Township from the full exercise of its governmental or regulatory powers, consistent with state and federal law, to adopt any ordinance, by-law, rule or regulation necessary for the proper management, care, and control of the Township and its finances and the maintenance of peace, good government, health and welfare of the Township and its citizens, trade, commerce and manufacture.

§ 6-18 Franchise fees.

Because the Township finds that the streets of the county, state, and Township to be used by the grantee in the operation of its system within the boundaries of the franchise area are valuable public properties acquired and maintained by the county, state, and Township at great expense to its taxpayers; the grant to the grantee to the said streets is a valuable property right without which the grantee would be required to invest substantial capital in right-of-way costs and acquisitions; the administration of this chapter and the franchise imposes upon the Township additional regulatory responsibility and expense; and the presence of the grantee and its facilities places additional burdens upon the Township police and road departments and the volunteer fire company serving the area which is supported by the Township.

A grantee of a cable franchise hereunder shall pay to the Township as a condition of right-of-way use a franchise fee in an amount as designated in the franchise agreement up to the maximum amount permitted under applicable federal, state, or local law.

A grantee of an OVS franchise hereunder shall pay to the Township as a condition of right-of-way use a fee in lieu of a franchise fee in an amount as designated in the franchise agreement up to the maximum amount permitted to be required as a franchise fee from a cable system operator under applicable federal, state, or local law. In the event that any franchise fee payment or recomputed amount is not made on or before the dates specified in the franchise agreement, grantee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal to the commercial prime interest rate of the Township's primary depository bank during the period that such unpaid amount is owed.

The franchise fee shall be payable as specified in the franchise agreement and shall commence as of the effective date of the franchise. The Township shall be furnished at the time of each payment with a statement certified by the grantee's chief financial officer reflecting the total amounts of gross revenues for the period conveyed by the payment.

The Township shall have the right to inspect the grantee's income records and the right to audit and to recompute any amounts determined to be payable under this chapter for a period of five years from the date of payment. Audits shall be at the expense of the Township unless the audit discloses an underpayment in any one year of 5% or more, in which case the costs of the audit shall be borne by the grantee. Any additional amount due the Township as a result of the audit shall be paid with accrued interest within 30 days following written notice to the grantee by the Township which notice shall include a copy of the audit report unless written notice of disagreement is filed by the grantee with the Township within such time.

§ 6-19 Transfer of ownership or control.

Transfer of franchise. No franchise granted hereunder shall be transferred and no control or controlling interest in any system, franchise, or franchisee shall be transferred without the prior written consent of the Township, and then only under such reasonable conditions as the Township may establish. Transfer of a cable system franchise shall be in compliance with Section 617 of the Cable Act (47 U.S.C. § 537) and regulations promulgated by the FCC to implement Section 617.

Notice of proposed transfer. The franchisee shall promptly notify the Township by written petition of any proposed transfer within the longest time-frame permitted by law. The petition shall fully describe the proposed action and shall be accompanied by a justification for the action and, if applicable, an argument as to why such action would not involve a change in control or controlling interest. The Township shall notify the franchisee as soon as all of the information required by the FCC, the franchise agreement, this Cable Ordinance and all applicable state and local law has been received by the Township and that therefore the transfer petition is complete. For cable system franchises, the Township shall take action to approve or deny a transfer petition within 120 days following the date of receipt of a complete application by the Township, pursuant to Section 617 (e) of the Cable Act.

Inquiry of Township. For the purpose of determining whether it shall consent to a transfer, the Township may inquire, with the assistance of the grantee, into the legal, financial, character, technical, customer service, and operations qualifications of the prospective controlling party, and the effect that the proposed transfer and sale price may have on the use of the public rights-of-way and the rates being paid by subscribers. Failure to provide all information reasonably requested by the Township as part of said inquiry shall be grounds for denial of the proposed transfer. If the Township finds the results of this inquiry are satisfactory, its consent to such transfer shall not be unreasonably withheld. However, in all cases, the costs associated with the transfer of franchise and compliance with the Cable Ordinance provisions shall not be borne by subscribers.

Assumption of control. Any financial institution having a pledge of the franchise or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notify the Township that it, or its designees satisfactory to the Township, will take control and operate the cable or open video system. Further, said financial institution shall also submit a plan for such operation that will insure continued service and compliance with all franchise obligations during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one year, unless extended by the Township, at its discretion, and during said period of time, shall have the right to petition for transfer of the franchise to another grantee. The Township will consider whether the legal, financial, character, technical, customer service, and operations qualifications of the applicant are satisfactory and whether or not the proposed transfer and sale price will result in a rate increase to subscribers, and may consent to transfer and assignment of the rights and obligations of such franchise if the Township determines that such transfer is in the public interest. The financing institution will be required to provide proof of consent that they understand and accept the nonexclusive franchise. The consent of the Township to such transfer shall not be unreasonably withheld.

Effect of consent to transfer. The consent or approval of the Township to any transfer of the grantee shall not constitute a waiver or release of the rights of the Township in and to the streets, and any transfer shall, by its terms, be expressly subject to the terms and conditions of this chapter, the franchise agreement, and any separate transfer or settlement agreement.

Right to review purchase price. The Township reserves the right to review the purchase price of any transfer or assignment of the cable or open video system.

Transferee signing franchise agreement. Any approval by the Township of transfer of ownership or control shall be contingent upon the prospective controlling party becoming a signatory to the franchise agreement.

Township's right to purchase. Except as otherwise provided in Subsection D above, or Section 627 of the Cable Act (47 U.S.C. § 547), the Township reserves the right of first purchase in any transfer of the system. Should the Township exercise this option, it shall do so within 30 days of notification and thereafter shall make payment therefor under the same terms and conditions as the proposed transferee, or as the parties might otherwise agree.

The transfer of any franchise or the transfer of control or controlling interest in any system, franchise or franchisee without the prior written consent of the Township shall be deemed to be an abandonment of the system by the franchisee under § 6-39C of this chapter and shall entitle the Township to all of the rights set forth under § 6-39C.

§ 6-20 Revocation and acceleration of expiration date.

Grounds for revocation or acceleration of expiration date. The Township reserves the right to collect liquidated damages as specified in the franchise agreement, accelerate the expiration of the franchise term and/or revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a material and substantial default and breach under the Cable Ordinance and the franchise agreement:

If the grantee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts and other terms and provisions entered into by and between the Township and the grantee.

If the grantee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or any performance bond or security fund as required.

If the grantee shall violate any lawful orders or rulings of any regulatory body having jurisdiction over the grantee relative to this chapter or the franchise.

If the grantee practices any fraud upon the Township or any subscriber.

(5)

If it is determined that the grantee underpaid its franchise fee by 15% or more for any year.

(6)

If the grantee's construction schedule is delayed later than the schedule contained in the franchise agreement or beyond any extended date set by the Township.

(7)

If there is an occurrence of any event which may reasonably lead to the foreclosure or other similar judicial or nonjudicial sale of all or any material part of the system, including, but not limited to, any of the following events:

(a)

Default under any loan or any financing arrangement material to the system or the obligations of the grantee under the franchise agreement;

(b)

Default under any contract material to the system or the obligations of the grantee under the franchise agreement; or

(c)

Termination of any lease or mortgage covering all or any material part of the system.

(8)

If in regards to any grantee:

(a)

A grantee shall suspend or discontinue its business, shall make an assignment for the benefit of creditors, shall fail to pay its debts generally as they become due, shall become insolvent (however such an insolvency may be evidenced), shall be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by, a receiver, custodian, liquidator or trustee or similar official pursuant to state or local laws, ordinances or regulations of or for it or any substantial part of its property, or assets, including all or any part of this system;

(b)

A writ or warrant of attachment, execution, distraint, levy, possession or any similar process shall be issued by any tribunal against all or any material part of a grantee's property or assets;

(c)

Any creditor of a grantee petitions or applies to any tribunal for the appointment of, or taking possession by, a trustee, receiver, custodian, liquidator, or similar official for the grantee or of any substantial parts of the assets of the grantee under the law of any jurisdiction, whether now or hereinafter in effect, and an order, judgement or decree is entered appointing any such trustee, receiver, custodian, liquidator, or similar official, or approving the petition in any such proceedings; or

(d)

Any order, judgment or decree is entered in any proceedings against a grantee decreeing the voluntary or involuntary dissolution of the grantee.

(9)

If there is a failure to restore service after 96 consecutive hours of total system outage in 40% or more of the system, except when approval of such interruption is obtained from the Township or is excused pursuant to Subsection B.

(10)

If the grantee transfers the franchise or transfers control or a controlling interest in any system, franchise or if the grantee itself without the prior written consent of the Township pursuant to the provisions set forth in § 6-11 of this chapter.

Effect of circumstances beyond control of grantee. Notwithstanding any other provision of this chapter or the franchise agreement, a grantee shall not be liable for delay in performance of, or failure to perform in whole or in part its obligations pursuant to the franchise agreement or this chapter, due to strike, war or act of war, (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage or other events, where a grantee has exercised all due care in the prevention thereof and to the extent that such causes or other events are beyond the control of the grantee and such causes or events are without the fault or negligence of the grantee. In the event that any such delay in performance or failure to perform affects only part of a Company's capacity to perform, the Company shall perform to the maximum extent that it is able to do so and shall take all steps within its power to correct such cause or causes. In correcting such cause or causes, a grantee shall take all reasonable steps to do so in as expeditious a manner as possible. A grantee shall notify the Township in writing of the occurrence of an event covered by this subsection within five business days of the date upon which the grantee learns of its occurrence. Shortage or unavailability of equipment from suppliers shall not be deemed to be beyond the control of the grantee in regards to any construction delays.

Pending litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the grantee shall not excuse the grantee from the performance of its obligations under this Cable Ordinance or the franchise agreement. Failure of the grantee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. The Township shall comply with any related court orders.

Procedure prior to revocation.

The Township shall make written demand that the grantee do so comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation. After written demand is made, the Township may place its request for revocation of the franchise upon a regular Board meeting agenda. The Township shall cause to be served upon such grantee at least seven days prior to the date of such Board meeting, a written notice of this intent to request such revocation, and the time and place of the meeting, notice of which shall be published by the Township once, at least seven days before such meeting, in a newspaper of general circulation within the Township.

The Board shall hear any persons interested therein, and shall determine in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.

If such failure, refusal or neglect by the grantee was with just cause, as determined by the Board, the Board shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.

If the Board shall determine such failure, refusal, or neglect by the grantee was without just cause, then the Board may, by resolution, declare that the franchise of the grantee shall be revoked and the performance bond forfeited.

Disposition of facilities. In the event a franchise expires, is revoked or otherwise terminated, the Township may in its sole discretion, do any of the following:

Order the removal of the system facilities from the Township within a reasonable period of time as determined by the Township;

Require the grantee to maintain and operate its system for a period of up to 18 months or such further time as deemed by the discretion of the Township. During any time the grantee continues to operate the system it shall do so pursuant to the terms of this chapter and its franchise agreement and shall be entitled to the revenues from the system.

Order that the system be transferred to another cable or open video system operator or taken over by the Township.

Restoration of property. In removing its plant, structures and equipment, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better as that prevailing prior to the grantee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The Township shall inspect and approve the condition of the public ways and public places and cables, wires, attachments, and poles after removal. The liability, indemnity, insurance and performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by the grantee with the terms and conditions of this subsection, this chapter and the franchise agreement.

Restoration by Township; reimbursement of costs. In the event of a failure by the grantee to complete any work required by Subsection E or F of this section, or any other work required by Township law or ordinance within the time as may be established and to the satisfaction of the Township, the Township may cause such work to be done and the grantee shall reimburse the Township the cost thereof within 30 days after receipt of an itemized list of such costs or the Township may recover such costs through the performance bond or letter of credit provided by grantee. The Township shall be permitted to seek legal and equitable relief to enforce the provisions of this section.

§ 6-21 Receivership and foreclosure.

Termination by insolvency. The franchise granted hereunder shall, at the option of the Township, cease and terminate 120 days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the grantee whether in a receivership, reorganization, bankruptcy or similar action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless:

Such receivers or trustees shall have, within 120 days after their election or appointment, fully complied with all the terms and provisions of this chapter and the franchise agreement, and the receivers or trustees within said 120 days shall have remedied all defaults under this chapter or the franchise agreement; and

Such receivers, or trustees shall, within said 120 days, execute an agreement duly approved by the Court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise agreement and the ordinance.

Termination by judicial action. In the case of a foreclosure or other judicial sale of the plant, property and equipment of the grantee or any part thereof, including or excluding the franchise, the Township may serve notice of termination upon the grantee and the successful bidder at such sale, in which event the franchise and all rights and privileges of the grantee granted hereunder shall cease and terminate 30 days after service of such notice, unless:

The Township shall have approved the transfer of the franchise, in the manner this chapter provides, and the rights of first refusal by the Township have been relinquished.