Franchisee shall provide, pursuant to Section 10.27.560 of Chapter 10.27, Subscriber controlled Lockout Devices (audio and visual) at a reasonable charge to Subscribers upon their request. Franchisee shall also comply with the other requirements specified in Section 10.27.560 of Chapter 10.27.
As to any program which is transmitted on a Channel offered on a per Channel or per program basis, Franchisee shall block entirely the audio and video portion of such program from reception by any Subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this provision.
Any unauthorized transfer in violation of Section 10.27.395 of Chapter 10.27 shall be deemed a material breach in default of this Agreement and shall subject the Franchisee to all penalties and remedies prescribed in this Agreement and Chapter 10.27 and to all other remedies, legal and equitable; which are available to the City, including, but not limited to:
The immediate entry of an order by a court of competent jurisdiction (i) enjoining Franchisee, its officers, agents, employees and all others acting in concert with them, from transferring or assigning or otherwise disposing of any interest in the Cable System, (ii) appointing a receiver, acceptable to the City, who shall forthwith assume the management of the Cable System in accordance with the terms and conditions of this Agreement, and (iii) requiring all subscription fees, Installation fees and all other fees payable to Franchisee to be paid into an escrow account which shall be subject to release to Franchisee only on order of the Court.
The immediate termination of this Agreement and acceleration of all the obligations and rights thereunder, including, but not limited to those described in Section 20 of this Agreement.
The right of immediate exercise by the City of its right to purchase the System from Franchisee under the provisions of Section 10.27.380 of Chapter 10.27.
Franchisee shall notify the City Clerk of any occurrence which constitutes a transfer not in accordance with the provisions of Section 10.27.395 of Chapter 10.27 or this Agreement.
Franchisee shall notify the City of the entry of any judgment against Franchisee which would reasonably affect the operation of this Cable System within seventy-two (72) hours of the occurrence of such event.
Pursuant to Section 10.27.340 of Chapter 10.27, if Franchisee fails to perform any obligation under this Agreement or Chapter 10.27, the City may assess Franchisee, and the Franchisee agrees to pay to the City, monetary damages in accordance with the schedule of damages set forth below. The liquidated damages provided in this Section shall be the exclusive monetary remedy for the named breaches. Such assessment shall not constitute a waiver by the City of any other right or remedy it may have under this Agreement or under applicable law.