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voluntary financial support to produce and transmit video programming on a PEG <br /> channel, or from acknowledging a contribution. <br /> 1.2.23 "Normal Operating Conditions" means those service conditions that are within <br /> the control of the Grantee. Conditions that are ordinarily within the control of the <br /> Grantee include, but are not limited to, special promotions, pay-per-view events, <br /> rate increases, regular peak or seasonal demand periods, and maintenance or <br /> upgrade of the System . Conditions that are not within the control of the Grantee <br /> include, but are not limited to, natural disasters, civil disturbances, power outages, <br /> telephone network outages, and severe or unusual weather conditions. <br /> 1.2.24 "North Metro Franchise Area" means the geographic area consisting of the <br /> Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino <br /> Lakes and Spring Lake Park. <br /> 1.2.25 "North Metro System" means the Cable System operated pursuant to this <br /> Franchise and located in the member municipalities of the Commission. <br /> 1.2.26 "PEG"means public, educational,religious and governmental. <br /> 1.2.27 "Person" means any individual, partnership, association, joint stock company, <br /> joint venture, domestic or foreign corporation, stock or non-stock corporation, <br /> limited liability company, professional limited liability corporation, or other <br /> organization of any kind, or any lawful successor or transferee thereof, but such <br /> term does not include the City or the Commission. <br /> 1.2.28 "Public Access Channel(s)" means any channels on the System set aside by the <br /> Grantee for Noncommercial use by the general public, as contemplated by <br /> applicable law. <br /> 1.2.29 "Right-of-Way" or "Rights-of-Way" means the surface, air space above the <br /> surface and the area below the surface of any public street, highway, lane, path, <br /> alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, <br /> parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar <br /> property or waters within the City owned by or under control of the City, or <br /> dedicated for general public use by the City, including, but not limited to, any <br /> riparian right, which, consistent with the purposes for which it was created, <br /> obtained or dedicated, may be used for the purpose of installing, operating and <br /> maintaining a System. No reference herein to a "Right-of-Way" shall be deemed <br /> to be a representation or guarantee by the City that its interest or other right to <br /> control or use such property is sufficient to permit its use for the purpose of <br /> installing, operating and maintaining the System. <br /> 1.2.30 "Right-of-Way Ordinance" means any ordinance of the City codifying <br /> requirements regarding regulation, management and use of Rights-of-Way in the <br /> City, including registration, fees, and permitting requirements. <br /> 5 <br />