The Township finds that the streets of the county, state, and Township to be used by the franchisee and the operation systems within the boundaries of the franchise area or valuable public property is acquired and maintained by the county, state, and Township at great expense to the taxpayers.
A. 
The grant of franchise to set streets is a valuable property right without which the grantee would be required to invest substantial capital and right-of-way cost and acquisitions.
B. 
The administration of this chapter and the franchise imposes upon the Township additional regulatory responsibilities and expense. The franchisee of the franchise hereunder shall pay the Township a franchise fee in the amount designated by the franchise authority, in no event less than 5% of its gross annual revenues, or the maximum amount permitted under applicable federal law, state, or local law. If such maximum is greater than 5%, franchisee shall, simultaneously with the change in any federal law, increase the franchise fee to the maximum allowed by that law.
(1) 
The franchise fee is in addition to other tax or payment. This payment shall be in addition to any other tax, fee, or assessment imposed by both utilities and telecommunications operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or telecommunications operators, or payment owned to the government or other tax jurisdictions by the franchise.
(2) 
Payment of the franchise fee made by grantee to the Township shall not be considered in the nature of a tax but shall be in addition to any and all other taxes which now or may be required hereafter by any federal, state, or local law.
(3) 
Acceptance by the Township. No acceptance of any payment by the Township shall be construed as a release or in accord and satisfaction of any claim the Township may have for further or additional sums payable as franchise fee under this chapter or for the performance of any other obligation of the franchisee.
(4) 
Failure to make required payment. In the event any franchise payment or recomputation amount is not made on or before the date specified herein, grantee shall pay additional compensation and interest charged computed from such due date, at the annual rate equal to the commercial prime interest rates of the Township's primary depository bank during the period of such unpaid amount as owed.
(5) 
Payments to be made quarterly. The franchise fee and any other costs or damage assessed the grant franchisee shall be paid quarterly to the Township of East Whiteland and shall commence as of the effective date of the franchise. The Township shall be furnished at the time of said payment with a statement certified by the franchisee chief financial officer reflecting the total amount of quarterly gross revenues and the amount above charges and computations in a period covered by the payment period. The annual statement of gross revenue shall be furnished to the Township by an independent, certified public accountant. Said quarterly payments shall be made to the Township no later than 45 days following the end of each calendar quarter. Quarter computation dates are the last days of the months of March, June, September, and December. Annually franchisee is to provide a complete audit statement within 90 days from its end of fiscal year period.
(6) 
The Township right of inspection. The Township shall have the right to inspect the franchisee's records and the rights to audit and to recompute any amounts determined to be payable hereunder this chapter for a period of four years from the date of payment period. Audits shall be at the expense of the Township unless the audit discloses an underpayment, in which case the costs of the audit shall be borne by the grantee. Any additional amounts due to the Township as a result of the audit shall be paid within 30 days following the written notice to the franchisee by the Township, which notice shall include a copy of the audit report unless written notice of disagreement is filed by the franchise with the Township within such time period. In the case of a dispute, the issue shall be resolved through binding arbitration in accordance with the procedures of the American Arbitration Association.
C. 
The franchisee shall maintain his financial, fiscal, or financial records in such a manner as to enable the Board to determine the costs of assets of the franchisee which are used in providing cable promotion and communication services within the Township.
A. 
The Township and the Board shall at no time be held liable for any injury occurring to any persons or property from any cost arising from the use, operation, or condition of the franchisee's cable television or telecommunication system.
B. 
The franchisee shall indemnify, save, and hold harmless the Township and the Board from all liens, charges, claims included, but not limited to, libel, slander, invasion of privacy, and other authorized use of any trademark, trade name, or service mark; demands; actions; fines; penalties; workers' compensation claims; losses, costs, including but not limited to legal fees and/or court costs; judgments; injuries; liabilities or damages, in law or equity, or any and every kind in nature, whether caused by or arising out of the omission or commission or any negligence, its officers, servants, agents, employees, or contractors, or otherwise out of or in any way connected with the installation, operation, maintenance, or condition of franchisee's cable television. In order for the Township to assert its rights to indemnify, defend, or hold harmless, the Township must:
(1) 
Properly notify grantee of any claim of legal or lien proceeding which gives rise to such rights;
(2) 
Afford grantee the opportunity to participate in any compromise, settlement, or other resolution or distribution of such claim or proceeding;
(3) 
Cooperate with the reasonable request of grantee, at grantee's expense, and the participation in, compromise, settlement, or resolution of any disposition of such claim or proceeding subject to Subsection B(2) above.
C. 
The franchisee shall indemnify, save and hold harmless any emergency organization within the Township, who during the function of providing their respective services may inadvertently damage the franchisees' plant or system.
A. 
Grantee shall maintain, throughout the term of the franchise, liability insurance grantee and the Township with regard to all damages mentioned in § 72-39A hereof, in the minimum amounts of $1,000,000 for bodily injury or death to any one person; 3,000,000 for bodily injury or death resulting from anyone accident; and $3,000,000 for all other types of liability.
B. 
At the time of acceptance, grantee shall furnish to the Township a certificate evidencing that a satisfactory insurance policy has been obtained.
C. 
At a period equal to five years, grantee will upgrade its insurance to the Township's specifications.
In addition to all other rights which the Township has pursuant to law or equity, the Board reserves the right to revoke, terminate, or cancel this franchise, and all rights and privileges pertaining thereto, in the event that:
A. 
Grantee breaches this franchise; or
B. 
Grantee becomes insolvent, unable or unwilling to pay its debts, or its adjudged as bankruptcy and the grantee's creditors or trustee in bankruptcy do not agree to fulfill as bound by the requirements of this franchise upon request by the Township.
In the event that the Township determines that the grantee has violated any material provisions of the franchise, or any material applicable federal, state, or local law, the Township may make written demand on the grantee that it remedy such violation and that continued violation may cause revocation. If the violation, breach, failure, refusal, or neglect by grantee is due to acts of God or other causes which result from circumstances beyond the grantee's control. Such determination shall not unreasonably be withheld.
A. 
A public hearing shall be held by the Board and the grantee shall be provided with an opportunity to be heard upon 14 days' written notice of the grantee of the time and place of the hearing. The causes for pending revocation and the reasons alleged to constitute such cause shall be recited in this notice. Said notice shall affirmatively recite the cases that need to be shown by the Township to support a revocation.
B. 
If notice if given and, at grantee's option, a full public proceeding is held, the Township determines that a violation, breach, failure, refusal, or neglect by grantee, the Township shall direct grantee to correct or remedy the same within such reasonable additional time, in such a manner and upon such terms and conditions as the Township may direct.
C. 
If, after notice is given, and, at Township's option, a full public proceeding is held, the Township determines there was a violation, breach, failure, refusal, or neglect, then the Township may declare, by resolution, the franchise revoked and canceled and of no further force or effect. The Township has the right to take ownership of cable plant and associated switching and electronic equipment under the terms of eminent domain.
D. 
The issue of revocation shall automatically be placed upon the Township Board agenda at the expiration of the time set by it for compliance. The Township then may terminate franchise forthwith upon finding the grantee has failed to achieve the plans or may further extend the period, at its discretion.
E. 
If the Township, after notice is given and, at grantee's option, a full public hearing is held and appeal is exhausted, declare the franchise breached, the parties may pursue their remedies pursuant to the franchise or any other remedies, legal or equitable.
Franchisee shall post with the Township a cash security deposit to be used as a security fund to ensure the franchisee's faithful performance of this chapter, the franchise agreement, and other applicable law, and compliance with all orders, permits, and directions of the Township, and payment by the franchisee of any claims, liens, fees, or taxes due the Township which arise by reason of the construction, operation, or maintenance of the system. The amount of the security fund shall be $25,000.