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<section number="5A-120" name="Miscellaneous provisions" law="code" slug="sec-5a-120" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5ACATETE_DIV1CATE_S5A-120MIPR">
  <level label="a">
    <text>Each franchisee shall comply with all Federal, State, and local laws and regulations heretofore and hereafter adopted or established during the entire term of its franchise.</text>
  </level>
  <level label="b">
    <text>Without limiting such immunities as the County or other persons may have under applicable law, a franchisee shall have no recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss, costs, expense, or damage arising out of any provision or requirement of this Subtitle or because of the enforcement of this Subtitle or the County's exercise of its authority pursuant to this Subtitle, a franchise agreement, or other applicable law, unless the same shall be caused by criminal acts or by willful or gross negligence.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>The rights and remedies reserved to the County by this Subtitle are cumulative and shall be in addition to and not in derogation of any other rights and remedies which the County may have with respect to the subject matter of this Subtitle.</text>
    </level>
    <level label="2">
      <text>The County hereby reserves to itself the right to intervene in any suit, action, or proceeding involving any provision of this Subtitle or a franchise agreement.</text>
    </level>
    <level label="3">
      <text>Specific mention of the materiality of any of the provisions herein is not intended to be exclusive of any others for the purpose of determining whether any failure of compliance hereunder is material and substantial.</text>
    </level>
    <level label="4">
      <text>No franchisee shall be relieved of its obligation to comply with any of the provisions of this Subtitle or a franchise agreement by reason of any failure of the County to enforce prompt compliance, nor shall any inaction by the County be deemed to waive or void any provision of this Subtitle or a franchise agreement.</text>
    </level>
    <level label="5">
      <text>The County expressly reserves the right to cause the franchisee fee percentage stated in this Section to be subject to negotiation in the event it is determined that the FCC lacks jurisdiction to impose percentage limitations on franchise fees, if the percentage limitation is revised by the FCC, or any other event occurs to permit negotiation or renegotiation.</text>
    </level>
  </level>
  <level label="d">
    <text>Notwithstanding any other provision in this Subtitle or a franchise agreement, nothing in this Subtitle or a franchise agreement shall preclude the County from exercising its police powers to enact, amend, or supplement any law or regulation governing cable communications within the County.</text>
  </level>
  <level label="e">
    <text>In the event of a major public emergency or disaster as determined by the County Executive, a franchisee shall immediately make the entire cable system, employees, and property, as may be necessary, available for use by the County or other civil defense or governmental agency designated by the County to operate the system for the term of such emergency or disaster for the emergency purposes. In the event of such use, a franchisee shall waive any claim that such use by the County constitutes a use of eminent domain, provided that the County shall return use of the entire system, employees, and property to the franchisee after the emergency or disaster has ended or has been dealt with.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>Subscribers shall have the right to attach devices to a franchisee's system and the right to use their own remote control devices and converters and other similar equipment, consistent with FCC equipment compatibility rules and other applicable law, and a franchisee shall provide information to consumers which will allow them to adjust such devices so that they may be used with the franchisee's system.</text>
    </level>
    <level label="2">
      <text>A franchisee shall not, as a condition of providing service, require a subscriber or potential subscriber to remove any existing antenna or disconnect an antenna, or prohibit or discourage a subscriber from installing an antenna switch, provided that such equipment and installations are consistent with applicable codes and technically able to shield the cable system from any interference.</text>
    </level>
  </level>
  <level label="g">
    <text>Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Subtitle or any franchise agreement, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time.</text>
  </level>
  <level label="h">
    <text>If any term, condition, or provision of this Subtitle shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding on the franchisee and the County.</text>
  </level>
</section>
