Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)

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8.6 Periodic Evaluation. 8.6.1 The City may require evaluation sessions at any time during the term of this Franchise,upon fifteen(15)days written notice to the Grantee. 8.6.2 Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System, programming offered, access channels, facilities and support, municipal uses of cable, Subscriber rates, customer complaints, amendments to this Franchise,judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result of a periodic review or evaluation session,upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically, and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1 Performance Bond. 9.1.1 At the time the Franchise becomes effective and until such time as the construction of the System the Grantee shall furnish a bond to the Commission, in a form and with such sureties as are reasonably acceptable to the Commission, in the amount of$500,000. Upon such completion of all System the bond shall be reduced to $50,000. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the City or the Commission as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City or the Commission which arise by reason of the construction, operation, or maintenance of the System,. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the City and the Commission may have under the Franchise or any other law. The Commission may, from year to year, in its sole discretion, reduce the amount of the bond. 9.1.2 The time for Grantee to correct any violation or liability shall be extended by Commission if the necessary action to correct such violation or liability is, in the sole determination of Commission, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty(30) days to correct such violations 36