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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />ORAFT <br /> <br />prohibited by law, the City and the Commission shall hold the <br />Grantee, its employees, officers and assigns harmless from any <br />claims by third parties arising out of use of the EAS, including but <br />not limited to reasonable ~ttorneys' fees ~nd costs. The City or the <br />Commission shall provide reasonable notice to the Grantee prior to <br />any test use of the EAS. The Grantee shall cooperate with the City <br />and/or the Commission in any such test. <br /> <br />4.1.7. During the design, walkout and preliminary construction activities related to the <br />System Construction, the Grantee shall attempt to idemily and take into account <br />the Cable Service interests of the business community within the City. 'rhe <br />Grantee shall, in connection with the System Construction, install conduit <br />adequately sized to address Illture System rebuilds or System additions, with the <br />iment to obviatc the need to reopen the Rights.()t~Way for construction and <br />installation work. <br /> <br />4.1.8. The City may request, as part of the System Construction, that the Grantee <br />remove from the Rights-of~Way, at its own expense, existing equipment, plant <br />and ibcilities that will not be used in the future, whether activated or not. If any <br />unused or deactivated equipment remains in Rights-ot~Way after such City <br />request and the Grantee's reasonable opportunity to remove, the City may remove <br />such plant, facilities and equipment at the Grantee's expense. The Grantee may <br />appeal any request to remove existing equipment, plant and facilities to the City <br />Council and thcrcby slay City action until a tinal decision is issucd by the City <br />Council. In the event existing facilities, plant and equipment are let! underground <br />in the Rights-ot: Way, the City or the Commission may require the Grantee to <br />provide accurate maps showing the location and the nature of the deactivated or <br />unuscd facilitics. plant and equipment, if such information has not alrcady been <br />provided to the City or the Commission. <br /> <br />4.1.9. The Grantce shall not asse/1 or otherwise raise any claim belore a court of <br />competent jurisdiction or any administrative agency alleging that, as of the <br />EtTective Date of this Franchise, the minimum System design and pertormance <br />requirements set lorth in this Franchise are unentorceable under or inconsistent <br />with then current applicable laws or regulations, or any orders, rules or decisions <br />of the FCC. <br /> <br />4,2 Svstem Construction Timetable. <br /> <br />4.2.1 Grantee shall complete System Construction in accordance with this Franchise <br />including, but limited to, Exhibit A, which is incorporated herein and made a part <br />hereof. The Grantee shall provide, where reasonably feasible, for phased <br /> <br />22 <br /> <br />SF <br />
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