Town Consent. The Town hereby irrevocably (a) consents to the terms of each PILOT Agreement (including a consent to the disproportionate treatment of the Town, as required under GML Section 858(15)) entered into between XXXX and an End User pursuant to which such End User will make PILOT payments as provided in this Agreement, (b) directs and authorizes End Users to make Town PILOT payments to XXXX pursuant to the terms of such PILOT Agreement, (c) directs and authorizes XXXX to accept the Town PILOT payments on behalf of the Town, (d) acknowledges and agrees that receipt of each Town PILOT payment by XXXX and the remittance thereof, in accordance with Section 2.3 of this Agreement, constitutes receipt by the Town pursuant to GML Section 874(3), and (e) waives any rights (including rights for late payment penalties under GML Section 874(5) and rights to xxx XXXX to recover payments under GML Section 874(6)), as long as XXXX complies with the provisions of this Agreement; provided, however, that nothing contained in this Section 3.2 shall constitute a waiver by the Town of its right to collect late penalties under GML Section 874(5) from any End User or to pursue an action against an End User pursuant to GML Section 874(6) in the event the End User fails to make a Town PILOT payment or makes a partial Town PILOT payment.
Town Consent. For purposes of determining whether it shall consent to any such change of control and ownership, the Town shall inquire into the legal, financial, management and technical qualifications of the prospective controlling or owning Person, and including, but not limited to, such Person's cable-related experience and service record, if any, in other communities, the changes, if any, it intends to make in the operations, maintenance, technology and services of the Cable System serving [Name of Municipality], any and all matters relative to the ability and likelihood of such Person adhering to all of the terms and conditions of this Franchise Agreement, and whether the proposed change of control and ownership is in the public interest.
Town Consent. The Town hereby executes this Consent Agreement pursuant to the request of the Company and, to the extent required, for purposes of complying with New York General Municipal Law Section 858(15) and evidencing its consent to the PILOT Agreement and to any New PILOT Agreements contemplated and entered into in accordance with the terms and conditions of the PILOT Agreement. The Town acknowledges that the PILOT Increment payments under the PILOT Agreement and any New PILOT Agreement may be used for any purpose permitted by applicable law; acknowledges that it cannot direct the manner in which the PILOT Increment payments shall be applied and agrees to execute, at no cost or expense to the Town, any agreement, document or acknowledgment reasonably requested in connection with any financing of all or any part of the Project or Facility pursuant to Section 6.2 of the PILOT Agreement provided, however, that no such agreement, document or acknowledgment shall in any manner whatsoever waive, limit, abridge or impair (i) any of the Town's rights to receive any payments under the PILOT Agreement as and when the same become due and payable to the Town in accordance with the terms and conditions thereof, (ii) the respective amounts of any Base Amount payment, Base Amount Prepayment, the Affected Tax Jurisdictions Participation PILOT Payment, any Supplemental Payment or any other amounts due and payable to the Town, the date or dates on which the same are to be paid or the priority of payment of the same.
