Ord. #73 - Cable Franchise - Laserfiche WebLink

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FROM : NORTH METRO FAX NO. : 612 780 8242 Oct. 17 2002 08:43AM P8 The parties agree that Meredith will not include in the PEG fee, now or in the future, any expenses or costs Rssociated with the provision of local origination progr=Lrning. Any paremt, goneral partner, subsidiary, successor -in -interest, transferee, or assign shall be expressly bound by this Memorandum. Meredith agrees to disclose the terms of this Memorandurn with any potential purchasers of the Cable System or to any other individual involved in any other contemplated ownership transfer of the Cable System. Failure of any such potential successor-in-luterest to Meredith to agme to all terms and conditions- of this Memorandum shall be grounds for Meredith not to agree to the We, and sba13 be reasonable and acceptable grounds for the Commission and its Member Cities not to approve any such transfer of ownership or other transfer of interest. Should effective competition develop within the Commissiou's cable service territory is the provision of video or cable services, as agreed by both parties to this Agreement, at any time in the future, Meredith and the Commission agree to con=ence discussion regarding issues which give said comperitioa.an unfair advantage over Meredith. Should any.other Multi -charnel Video Wogramming Distributor ("MVPD") over which the Commission or the Member Cities have regulatory jurisdiction provide service in the current cable service area, the Commission and its Member Cities agree not to grant more favorable terms to such MVPD than are granted to Meredith. Should any term of this Memorandum, be determined to be unenforceable by die FCC or any court of competent jurisdiction, the remainder of the Memorandum shall be treated as severed and Shall remain in full force and effect. In the event that any court, the FCC, or any other body with jurisdiction over either party revises or voids any part of this Memorandum, the parties mutually agree to mate any amendments to this Merorandum or other applicable agrae=nt or ordinances necessary to effectuate the intention of this Memorandums. In tkc event that such arner4ments or charges are barred by any legal requirements governing either party, the parties shall use their best efforts to avoid prejudice to. the resgecdve parties' interests, and, to implement changes to effectuate the intent in entering into this Memorandums. If either party finds unacceptable the remainder of this Memorandum as severed by operation of this section, and either party cannot agree with proposals by the other to amend this Memorandum to further the original intent of said party is nonagreement, then the parties agree to submit the remaining issues to binding arbitration. 7