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Section 4. Franchise Compliance. <br />A. Franchise Violations - The failure by "FRANCHISEE" to comply fully with any of the <br />provisions of this Franchise Agreement may result in a written notice from the COUNTY <br />which describes the violations of the franchise and requests remedial action within thirty <br />(30) days of receipt of such notice. If "FRANCHISEE", has not attained full compliance at <br />the end of the thirty (30) day period following receipt of the violation notification, the <br />COUNTY may declare an immediate termination of all franchise rights and privileges; <br />provided that full compliance was reasonably possible within that thirty (30) day period. <br />The demonstration of due diligence on the part of "FRANCHISEE", may be grounds for <br />the grant of an extension in the period during which compliance is to be attained, provided <br />that, "FRANCHISEE", continues to pursue correction of any violations of the Franchise <br />Agreement noted by the COUNTY. <br />B. Emergency Actions - If any of "FRANCHISEE", actions, or any failure by <br />"FRANCHISEE", to act to correct a situation caused by "FRANCHISEE", is deemed by the <br />COUNTY to create a threat to life or property, the COUNTY may order "FRANCHISEE", <br />to immediately correct said situation threat or, at the COUNTY's discretion, the COUNTY <br />may undertake measures to correct said situation threat itself; provided that, when <br />possible, the COUNTY shall notify "FRANCHISEE", of said threat and give <br />"FRANCHISEE", an opportunity to correct said threat before undertaking such measures <br />itself. "FRANCHISEE", shall be liable for all costs, expenses, and damages attributable to <br />the correction of such an emergency situation as undertaken by the COUNTY to the <br />extent that such situation was caused by "FRANCHISEE", and shall further be liable for all <br />costs, expenses, and damages resulting to the COUNTY from such situation and any <br />reimbursement of such costs to the COUNTY shall be made within thirty (30) days of <br />written notice of the completion of such action or determination of damages by the <br />COUNTY. The failure by "FRANCHISEE", to take appropriate action to correct a situation <br />caused by "FRANCHISEE", and identified by the COUNTY as a threat to public or private <br />safety or property shall be considered a violation of franchise terms and each day that <br />such a situation continues to exist and "FRANCHISEE", fails to take appropriate action to <br />abate said situation shall be regarded as a separate violation. <br />C. Other Remedies - Nothing contained in this Franchise Agreement shall limit the <br />COUNTY's available remedies in the event if "FRANCHISEE" (OR HIS <br />SUCCESSORS), failure to comply with the provisions of this Franchise Agreement, to <br />include but not limited to, the COUNTY's right to sue for specific performance and/or <br />damages. <br />D. Removal of System - In the event that this Franchise Agreement is terminated as a <br />result of violations of the terms of this Franchise Agreement, "FRANCHISEE", shall at his <br />sole expense, promptly remove all irrigation water system components and facilities, <br />provided that, the COUNTY, at its sole option, may allow "FRANCHISEE", to abandon its <br />facilities in place. <br />Section 5. Insurance. "FRANCHISEE" shall present such insurance deemed necessary by the Kittitas <br />County Public Works Director. <br />Section 6. Other Permits & Approvals. Nothing in this agreement shall relieve "FRANCHISEE", from <br />any obligation to obtain approvals or necessary permits from applicable federal, state, and COUNTY <br />authorities for all activities in the franchise area. <br />Section 7. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this <br />franchise shall be transferred to the new owner if any of these parcels changeownership. <br />Section 8. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a <br />period of fifteen (15) years from the effective date of this franchise and will be renegotiable at the end of <br />that time. <br />