§ 10-11-1112. Miscellaneous.


Latest version.
  • A.

    No Waiver. The failure of either party on one or more occasions to exercise a right or to require compliance or performance under the franchise, or any other applicable law shall not constitute a waiver of such right or a waiver of compliance or performance by such party, unless such right or such compliance or performance has been specifically waived in writing.

    B.

    Laws Governing. This franchise shall be governed by and construed in accordance with the laws of the State of Oklahoma, and applicable federal law.

    C.

    Notice. Any notice required or permitted to be given by either party under this franchise must be in writing and shall be personally delivered or sent by a reputable overnight mail service (e.g., Federal Express), by first class mail, or by facsimile or electronic mail confirmed by first class mail to the other party. Notices shall be deemed delivered (1) three (3) working days after deposit, postage prepaid, if mailed, (2) the next day if sent by overnight mail, or (3) the same day if sent by facsimile or electronic mail and confirmed as set forth above. Subject to the right of each party to update the information below by notice to the other party, the addresses of the parties for notices are as follows:

    To: City of Lawton

    City of Lawton
    212 SW 9 th Street
    Lawton, Oklahoma 73501
    Fax: (580) 581-3515

    To: Fidelity Cablevision, Inc.

    Fidelity Cablevision, Inc.
    Attn: General Manager
    811 D Ave.
    Lawton, OK 73501
    Fax: (580) 355-7531

    with a copy to:

    Fidelity Cablevision, Inc.
    Attn: General Counsel
    64 N. Clark St.
    Sullivan, MO 63080
    Fax: (573) 468-5440

    D.

    Captions. The captions contained in this franchise are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this article or the intent of any provision contained herein.

(Ord. No. 14-26, § 1, 8-26-2014)