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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />DRAFT <br /> <br />4.3.1 Public Notification. Prior to the beginning of the System Construction andior <br />other major construction, and periodically during each phase of construction, the <br />Grantee shall inform the public and its Subscribers, through various means, about: <br />(i) the progress of the System Construction or other major construction; (ii) areas <br />where construction crcws will be working; and (iii) any expected temporary <br />interruptions to existing services which may occur. <br /> <br />4.3.2 Delays in the Construction. The Grantee shall be excused ITom the timely <br />performance of its obligation to begin and complete the System Construction, and <br />any I-Net construction within the tillle specified herein, lur the following <br />occurrences: <br /> <br />4.3.2.1 <br /> <br />Any "Force Majeure" situation, as described herein; and <br /> <br />4.3.2.2 <br /> <br />Unreasonable fiJilure or delay by the City to issue any permits or <br />permission upon a timely and complete application submitted to <br />the City by the Grantee or its eontractor representative and tender <br />of any required permit fee. <br /> <br />4.3.3 Consequences of Delays. Absei1l a showing of excusable delay pursuant (0 <br />subsection 4.3.2 above, should the Grantee be unable to demonstrate the <br />commencement or timely completion of the System Construction, and any I-Net <br />construction by the times specified herein, or bc unable to reasonably justify any <br />delays, then the Grantee shall be in violation of a material provision or this <br />Franchise and the City may, in its sole discretion. either grant the Grantee an <br />extension or time to complete such construction, or implement any enforcement <br />mcasures or pcnaltics specified in this Franehisc or the City Code, including but <br />not limited to revocation or the Franchise. In the event of excusable delay <br />pursuant to subsection 4.3 .2, the time 1'01' completion will be extended by the <br />period of sllch delay. <br /> <br />4.4 Line Extension neauirements. <br /> <br />4.4.1 Suhjectto subsections 4.4.2 through 4.4.6, the Grantee shall make Cable Service <br />available to all residences and businesses which can be served by the Installation <br />of a standard Drop within the Franchise Area, including multiple dwelling unit <br />buildings, whose owners or occupants request Cable Service, except lor multiple <br />dwelling unit buildings to which the Grantee, aner best etTorts, has not obtained <br />authorization to access. <br /> <br />4.4.2 In those areas located within the Franchise Area solidly shaded green, orange or <br />blue on the "North Metro Franchise" map attached hereto as Exhibit B, and made <br /> <br />24 <br /> <br />fl <br />
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