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not limited to costs for design, engineering and construction is the responsibility of the
<br />"FRANCHISEE".
<br />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;
<br />provided that, "FRANCHISEE", continues to pursue correction of any violations of the
<br />Franchise 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
<br />the COUNTY to create a threat to life or property, the COUNTY may order
<br />FRANCHISEE", to immediately correct said situation threat or, at the COUNTY s
<br />discretion, the COUNTY may undertake measures to correct said situation threat itself,
<br />provided that, when possible, the COUNTY shall notify "FRANCHISEE", of said threat
<br />and give "FRANCHISEE", an opportunity to correct said threat before undertaking such
<br />measures itself. "FRANCHISEE", shall be liable for all costs, expenses, and damages
<br />attributable to the correction of such an emergency situation as undertaken by the
<br />COUNTY to the extent that such situation was caused by "FRANCHISEE", and shall
<br />further be liable for all costs, expenses, and damages resulting to the COUNTY from
<br />such situation and any reimbursement of such costs to the COUNTY shall be made
<br />within thirty (30) days of written notice of the completion of such action or determination
<br />of damages by the COUNTY. The failure by "FRANCHISEE", to take appropriate action
<br />to correct a situation caused by "FRANCHISEE", and identified by the COUNTY as a
<br />threat to public or private safety or property shall be considered a violation of franchise
<br />terms and each day that such a situation continues to exist and "FRANCHISEE", fails to
<br />take appropriate action to 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 components and facilities, provided that, the
<br />COUNTY, at its sole option, may allow "FRANCHISEE", to abandon its 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 change ownership.
<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.
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