2007-09-26 CC Packet - Laserfiche WebLink

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