§ 17.5-32. Force majeure.

The cable operator shall not be held in default under, or in noncompliance with, the provisions of this article or its franchise agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other circumstances reasonably beyond the cable operator's ability to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their own utility poles to which the cable operator's cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

(Ord. No. 01-15, 8-7-2001)

EXHIBIT A

CABLE FRANCHISE AGREEMENT

This Franchise Agreement is made this _______ day of _______ between Marion County, Florida (hereinafter referred to as the ("County") and (name of cable operator) (hereinafter referred to as the "Grantee").

1.

The County hereby grants to Grantee a non-exclusive cable franchise permitting Grantee to install, maintain and operator upon the public rights-of-way and through easements within unincorporated areas of Marion County such cables, ducts, poles, pedestals, attachments and other equipment as are pertinent to the operation of a cable system and to provide cable services within the unincorporated areas of Marion County.

2.

Grantee's installation, maintenance and operation of its cable system and its provision of cable service under the Franchise shall comply with the provisions of Marion County Ordinance No. 01-_______ as enacted by the Marion County Board of County Commissioners on (blank) 2001.

3.

The term of this Franchise shall be for ten (10) years beginning October 1, 2001 whereby term shall be automatically extended for an additional five (5) years unless the County notifies Grantee in writing not later than October 1, 2008 of its intention to terminate the franchise on October 1, 2011.

4.

This franchise may not be assigned without the consent of the County, which consent shall not be unreasonably withheld.

5.

This franchise may only be revoked by the Board of County Commissioners in the event of a material violation of Marion County Ordinance No. 01-_______ and only after a reasonable period to cure and a chance to be heard by the Grantee at a duly advertised public hearing.

GRANTEE/CABLE OPERATOR

(Name of Cable Operator)

By:___________

Title:___________

BOARD OF COUNTY COMMISSIONERS
MARION COUNTY, FLORIDA

LARRY CRETUL, CHAIRMAN

ATTEST:

DAVID R. ELLSPERMANN, CLERK

(Ord. No. 01-15, 8-7-2001)