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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 />8.6. Periodic Evaluation. <br /> <br />8.6.1 The City may require evaluation sessions at any time during the term of'this <br />Franchise. upon Jilleen (15) days written notice to the Grantee. <br /> <br />8.6.2 Topics which may be discllssed at any evaluation session may include. but are 1lOt <br />limited to, application of new technologies, System and I-Net, programming <br />olTered. access ehannels, facilities and support. municipal uscs of cable. <br />Subscriber rates. CuslOmer complaints, amendments to this Franchise, judicial <br />rulings, FCC rulings, line extension policies and any other topics the City deems <br />relevant. <br /> <br />8.6.3 As a result ot' a periodic review or evaluation session, upon notification Jhlm CiLY, <br />Grantee shall meet with City and undertake good t'aith elTorts to reach agreement <br />on changes and modifications to the terms and conditions ot'the Franchise which <br />are both economically and technically leasible. <br /> <br />SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS <br /> <br />9.1. Performance Bond. <br /> <br />9.1.1 At the time the Fraochise becomes errective and until such time as the System <br />Construction and any I-Net construction is complcted, the Grantee shall furnish a <br />bond to the Commission, in a form and with such sureties as are reasonably <br />acceptable LO the Commission, in the amount or $500,000. Upon such completion <br />01' all System Construction and I-Net construction, the bond shall be reduced to <br />$50,000. This bond will be conditioned upon tlle faithful performance by the <br />Grantee of its Franchise obligations and upon the further condition that in the <br />event the Grantee shall fail to comply with any Jaw. ordinance or regulation <br />governing the Franchise, there shall be recoverable jointly and severally rrom the <br />principal and slIrety of the bond any damages or loss sunered by the City or the <br />Commission as a result, including the full amount of any compensation, <br />indemnilication or cost of removal or abandonment of any property of the <br />Grantee, plus a reasonable allowance for aHorneys' fees and costs, up to the full <br />amount of the bond. and lurther guaranteeing payment by the Grantee of claims, <br />liens. fi'anchise rees, linancial support. in-kind support and taxes due the City or <br />the Commission which arise by reason of the construction. operation. or <br />maintenance of the System, and any I-Net. The rights reserved by the City and <br />the Commission with respect to the bond are in addition to all other rights the Cily <br />and the Commission may have under the Franchise or any other law. The <br />Commission may, Irom year to year. in its sole discretion, reduce the amount of <br />the bond. <br /> <br />44 <br /> <br />17 <br />
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