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financial support to produce and transmit video programming on a PEG channel, or
<br />from acknowledging a contribution. In the context of the Institutional Network,
<br />particular products or services shall not be sold by the City or other I -Net Users,
<br />Dark Fiber Optic Infrastructure Users or Additional DFOI Users, however, the City
<br />may provide governmental services or products, as distinguished from proprietary
<br />services or products, for a fee to other governments or educational institutions.
<br />1.2.25 "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, maintenance or upgrade of
<br />the System (including the I -Net and/or the DFOI) and the development, operation
<br />or maintenance of the Grantee's telephone system. Conditions that are not within
<br />the control of the Grantee include, but are not limited to, natural disasters, civil
<br />disturbances, power outages, telephone network outages, and severe or unusual
<br />weather conditions.
<br />1.2.26 "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 />1.2.27 "North Metro System" means the Cable System operated pursuant to this
<br />Franchise and located in the member municipalities of the Commission.
<br />1.2.28 "PEG" means public, educational, religious and governmental.
<br />1.2.29 "Person" means any individual, partnership, association, joint stock company, joint
<br />venture, domestic or foreign corporation, stock or non -stock corporation, limited
<br />liability company, professional limited liability corporation, or other organization of
<br />any kind, or any lawful successor or transferee thereof, but such term does not
<br />include the City or the Commission.
<br />1.2.30 "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 />1.2.31 "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, I -Net and DFOI.. No reference herein to a "Right -of -Way"
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