Reso 2004-645 - Laserfiche WebLink

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execution by Charter and Atlantic Broadband of such Acceptance Agreement in the form attached hereto as Exhibit A and such Agreement in the form attached hereto as Exhibit B. Section 3. Authority of the Manager. The City Manager is hereby authorized to execute the Acceptance Agreement, the Agreement, and any other agreements or other documents reasonably necessary or appropriate to implement this Resolution, provided such have been approved as to form and legal sufficiency by the City Attorney. Section 4. Franchise Obligations. Upon consummation of the Transfer, Atlantic Broadband shall assume all obligations and liabilities under the Franchise, and the City's grant of its approval of the Transfer shall in no way limit or diminish the City's right to enforce such obligations and liabilities after the Transfer, or limit or diminish any right the City had to enforce such obligations and liabilities before the Transfer. Section 5. Revocation of Consent. The City's consent to the Transfer pursuant to this Resolution shall be deemed null and void, and the City shall hereby be deemed to have denied consent to the Transfer, in the event within 120 days from the date of this Resolution: (a) Charter and Atlantic Broadband fail to execute the Acceptance Agreement or the Agreement; (b) the Transfer does not close for any reason; or (c) the Transfer closes on terms substantially and materially different from the terms described in the FCC Form 394, Transfer application, and subsequent information provided to the City regarding the Transfer. Section 6. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 25th day of February, 2004. (: :-..(!/ C'" " ; J" ,/ \ "> .' '; <>" ( . A'rT~~T. ,I' ',' '..;' ,:~.:~\; f ".:,::" .~~ f \ '. . ,Jane:;\., H~nes; Ct1y/Clerk ". '''.~; \ ,(~ - - ".1 1 .. ,: ~'t ,. ,r-f' ..",~ . ~ . Atlantic Broadband Cable Transfer 1116/04