If for any reason of force majeure, Blue Ridge is unable in
whole or in part to carry out its obligations hereunder, Blue Ridge
shall not be deemed in violation of this agreement during the continuance
of such inability. The term "force majeure" as used herein shall have
the following meaning: acts of God; acts of public enemies, orders
of any kind of the government of the United States of America or of
the Commonwealth of Pennsylvania or any of their departments, agencies,
political subdivisions, or officials, or any civil or military authority;
insurrections, riots, epidemics; landslides; lightning; earthquakes;
fires; hurricanes; volcanic activity; storms; floods; washouts; droughts;
explosions; and partial or entire failure of utilities.
A.
Every notice or payment to be served upon or made to the municipality
shall be sent to:
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Honesdale Borough
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958 Main Street
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Honesdale, PA 18431
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The municipality may specify any change of address in
writing to Blue Ridge.
B.
Every notice to be served upon Blue Ridge shall be sent to:
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David L. Masenheimer, President
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Blue Ridge Communications
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PO Box 215
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613 Third Street
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Palmerton, PA 18071
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Blue Ridge may specify any changes of address in writing
to the municipality.
C.
Each delivery to Blue Ridge or the municipality shall be equivalent
to direct personal notice, direction or order, and shall be deemed
to have been given at the time of receipt.
Blue Ridge is an equal opportunity employer and shall comply
with all applicable federal and state laws and regulations regarding
equal opportunity employment.
The captions for sections throughout this agreement are intended
solely to facilitate reading and reference to the sections and provisions
of this agreement. Such captions shall not affect the meaning or interpretation
of this agreement.
This agreement shall be governed and construed by and in accordance
with the laws of the Commonwealth of Pennsylvania.
This written instrument contains the entire agreement between
the parties, supersedes all prior agreements or proposals except as
specifically incorporated herein, and cannot be changed without written
amendment approved by both the municipality and Blue Ridge.
If any section, provision or clause of this agreement is held
by a court of competent jurisdiction to be illegal, invalid or unenforceable,
or is pre-empted by federal or state laws or regulations, such section,
provision or clause shall be deemed to be severable from the remaining
portions of this agreement and shall not affect the legality, validity
or enforceability of the remaining portions of this agreement.
In the event there is a change in a federal or state statute
or regulation applicable to the cable system or to this agreement,
the municipality or Blue Ridge may notify the other party of its desire
to amend this agreement in order to comply with the change in statute
or regulation. The municipality and Blue Ridge may amend this agreement
to comply with such change in statute or regulation, provided such
amendment is approved by the municipality and Blue Ridge.
All of the provisions in this agreement shall bind Blue Ridge,
the municipality and their respective successors and assigns.
