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trench for the placement of necessary cable, but in no event shall <br />the City have any liability for its failure to require any Person to <br />provide notice, or for any developer's or utility company's failure <br />to provide advance notice hereunder. <br />4.4.4 In the event that the requirements set forth in subsection 4.4.3 are not met, <br />Persons requesting service can be required to bear the remainder of the total <br />construction costs on a pro rata basis. <br />4.4.4.1 The "total construction costs" are defined as the Actual Cost to <br />construct the entire extension including electronics, pole make- <br />ready charges and labor, but not the cost of the house Drop. <br />4.4.4.2 In the event the number of Subscribers in a particular area of the <br />City reaches the density specified in Section 4.4.3.2 within three <br />(3) years from the date construction of the extension is completed, <br />the Grantee shall return to the then existing Subscribers, pro rata, <br />the full amount of their contributions for the extension. <br />4.4.5 Irrespective of the density requirements set forth in this Section 4.4, the Grantee <br />shall continue to offer Service to all dwelling units serviceable prior to the System <br />Upgrade. <br />4.4.6 Except as otherwise provided herein, the Grantee shall be given a reasonable <br />period of time to construct and activate cable plant to service annexed or newly <br />developed areas, but in no event shall the applicable timeframe exceed twelve <br />(12) months from notice thereof by the City to Grantee, and qualification of the <br />area requesting service pursuant to Section 4.4.3.2. Nothing in this paragraph <br />shall be construed to limit or otherwise modify the requirement set forth in <br />subsection 4.4.2. <br />4.5 System Maintenance. <br />4.5.1 The Grantee shall interrupt Cable Service only for good cause and for the shortest <br />time possible. Such interruption shall occur during periods of minimum use of <br />the System. The Grantee shall use its best efforts to provide the Commission with <br />at least twenty-four (24) hours prior notice of a planned service interruption, <br />except for a planned service interruption which will have a minimal impact on <br />Subscribers, usually meaning affecting less than one hundred (100) Subscribers or <br />less than a fifteen (15) minute interruption. <br />4.5.2 Maintenance of the System shall be performed in accordance with the technical <br />performance and operating standards established by FCC rules and regulations. <br />Should the FCC choose to abandon this field and does not preempt the City's <br />entry into this field, the City may adopt such technical performance and operating <br />standards as its own, and the Grantee shall comply with them at all times. <br />24 <br />