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1.2.31 "Set Top Box" means an electronic device (sometimes referred to as a receiver) <br /> which may serve as an interface between a System and a Subscriber's television <br /> monitor, and which may convert signals to a frequency acceptable to a television <br /> monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber <br /> to view all signals of a particular service. <br /> 1.2.32 "State" means the State of Minnesota, its agencies and departments. <br /> 1.2.33 "Subscriber" means any Person that lawfully receives service via the System <br /> with the Grantee's express permission. In the case of multiple office buildings or <br /> multiple dwelling units, the term "Subscriber" means the lessee, tenant or <br /> occupant. <br /> 1.2.34 "System Upgrade" means the improvement or enhancement in the technology or <br /> service capabilities made by the Grantee to the System as more fully described in <br /> Section 4. <br /> SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS <br /> 2.1 Grant of Franchise. <br /> This Franchise is granted pursuant to the terms and conditions contained herein and in <br /> applicable law. The Grantee, the City and the Commission shall comply with all <br /> provisions of this Franchise and applicable law, regulations and codes. Failure of the <br /> Grantee to construct, operate and maintain a System as described in this Franchise, or to <br /> meet obligations and comply with all provisions herein, may be deemed a violation of <br /> this Franchise. <br /> 2.1.1 Nothing in this Franchise shall be deemed to waive the lawful requirements of <br /> any generally applicable City ordinance existing as of the Effective Date. <br /> 2.1.2 Each and every term, provision or condition herein is subject to the provisions of <br /> state law, federal law, and local ordinances and regulations. The Municipal Code of the <br /> City, as the same may be amended from time to time, is hereby expressly incorporated <br /> into this Franchise as if fully set out herein by this reference. Notwithstanding the <br /> foregoing, the City may not unilaterally alter the material rights and obligations of <br /> Grantee under this Franchise. <br /> 2.1.3 This Franchise shall not be interpreted to prevent the City from imposing <br /> additional lawful conditions, including additional compensation conditions for use of the <br /> Rights-of-Way, should Grantee provide service other than cable service. <br /> 2.1.4 The parties acknowledge that Grantee intends that Qwest Corporation ("QC"), an <br /> affiliate of Grantee, will be primarily responsible for the construction and installation of <br /> the facilities in the Rights-of-Way, constituting the cable communications system, which <br /> 6 <br />