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2015-008
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2015-008
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telecommunications, whether similar, different or the same as the conditions <br /> specified herein. This Franchise does not relieve Grantee of any obligation it may <br /> have to obtain from the City an authorization to provide telecommunications <br /> services, or to construct, operate or maintain telecommunications facilities, or <br /> relieve Grantee of its obligation to comply with any such authorizations that may <br /> be lawfully required. <br /> 2. Grant of Nonexclusive Authority. <br /> a. The Grantee shall have the right and privilege, subject to the permitting and other <br /> lawful requirements of City ordinance, rule or procedure,to construct, erect, and <br /> maintain, in, upon, along, across, above, over and under the Rights-of-Way in <br /> City a Cable System and shall have the right and privilege to provide Cable <br /> Service. The System constructed and maintained by Grantee or its agents shall <br /> not interfere with other uses of the Rights-of-Way. Grantee shall make use of <br /> existing poles and other above and below facilities available to Grantee to the <br /> extent it is technically and economically feasible to do so. <br /> b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be <br /> used by Grantee if City determines that such use is inconsistent with the terms, <br /> conditions, or provisions by which such Right-of-Way was created or dedicated, <br /> or with the present use of the Right-of-Way. <br /> C. This Franchise shall be nonexclusive, and City reserves the right to grant a <br /> franchise to any Person at any time during the period of this Franchise for the <br /> provision of Cable Service. The terms and conditions of any such franchise shall <br /> be, when taken as a whole, no less burdensome or more beneficial than those <br /> imposed upon Grantee pursuant to this Franchise. <br /> 3. Lease or Assijznment Prohibited. No Person may lease Grantee's System for the <br /> purpose of providing Service until and unless such Person shall have first obtained and shall <br /> currently hold a valid Franchise or other lawful authorization containing substantially similar <br /> burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be <br /> subject to and in accordance with the requirements of Section 10, Paragraph 5. <br /> 4. Franchise Term. This Franchise shall be in effect for a period of five (5) years <br /> from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein <br /> provided. <br /> 5. Compliance with Applicable Laws Resolutions and Ordinances. <br /> a. The terms of this Franchise shall define the contractual rights and obligations of <br /> Grantee with respect to the provision of Cable Service and operation of the <br /> System in City. However, the Grantee shall at all times during the term of this <br /> Franchise be subject to all lawful exercise of the police power, statutory rights, <br /> local ordinance-making authority, and eminent domain rights of City. Except as <br /> 7 <br />
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