(A) It shall be the right of all consumers and programmers to receive all available services insofar as their financial and other obligations to a franchisee are honored. If a franchisee elects to overbuild, rebuild, renovate, modify or sell the system or the village gives notice of intent to terminate or fails to extend or renew this franchise, a franchisee shall act so as to ensure that all consumers and programmers receive continuous, uninterrupted service regardless of the circumstances for a period not to exceed six months unless a longer period is agreed to by the parties.
(B) Upon a change of franchisee, or if a new operator acquires the system, a franchisee shall cooperate with the village, new franchisee or operator in maintaining continuity of service to all consumers and programmers. During such period, a franchisee shall be entitled to the revenues for any period during which it operates the system and shall be compensated for reasonable costs incurred in providing any services when it no longer operates the system.
(C) If a franchisee fails to operate the system for three consecutive days without prior approval of the village or without just cause, the village may, at its option, operate the system or designate an operator until such time as a franchisee restores service under conditions acceptable to the village or a permanent operator is selected. If the village fulfills this obligation for a franchisee, the franchisee shall reimburse the village for all reasonable costs or damages in excess of revenues from the system received by the village that are the result of the franchisee's failure to perform.
(Ord. passed - -)
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