Ordinance 2002-1390 - Laserfiche WebLink

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(E) That Franchisee, AT&T and/or AT&T Comcast will comply with all applicable laws regarding rates for cable services within the Franchise area and all applicable laws covering issues of cross subsidization; (F) That in the event of any failure to comply with the terms, conditions, representations and/or acknowledgments contained in this Ordinance, or any material misrepresentations concerning the same, the City may enforce any penalty provisions pursuant to the Franchise and exercise any other remedy available to it by law. 4. By passage of this Ordinance, the City makes no representations concerning whether any violations or non-compliance issues exist with respect to the Franchise. Nothing in this Ordinance shall be construed by the Franchisee, AT&T or AT&T Comcast as precluding the City from addressing any past, present or future acts of noncompliance by Franchisee, pursuant to the terms of the Franchise. 5. This Ordinance shall take effect upon the closing of the Merger Agreement. 6. This Ordinance is conditioned upon approval of the transaction between AT&T and Comcast by their respective shareholders and all required federal government agencies, in substantially the same form as the transaction described in the Merger Agreement and related documents delivered to the City with Comcast's Form 394 filing. Should the transaction as approved by the shareholders and federal government agencies differ in any material respect from that represented in the documents described herein, this Ordinance shall be voidable at the sole option of the City. 7. Within thirty (30) days following the adoption of this Ordinance, Franchisee and AT&T Comcast shall give written notice to the City that it unconditionally agrees with and shall be bound by all terms contained in this Ordinance. 8. Within thirty (30) days following the closing of the Merger Agreement, Franchisee shall file with the City a statement that the above conditions have been met. INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this 18th day of June, 2002.