2002-10-23 CC Packet - Laserfiche WebLink

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FROM ~nRTH rlETRO FAX NO. 512 78€l 8242 Oct. 17 2882 88:43AM P8 " The parties agree that Meredith will not include in the PEG fee, now or in the future, any expenses or costs associated with the provision of iocal origination programming. 6. SUCCESSORS BOUND. Any parent, general parmer, subsidiary, successor-in-interesl, transferee, or assign shaH be expressly bound by this Memorandum. Meredith agrees to disclose tl'.e tel'T\'\S of this Memorandum with any potential purchasers of the Cable System or to any other in<:lividtlal involved in any other contemplated ownership transfer of the Cable System.' Failure of any s~h potential successor-in-lnterest to Meredith to agree to all terms and conditions of this Memol'lmdl.lm shall be grollnds for Meredith not to aiI'ee to tlle sale, and shall be reasonable and acceptable grounds for the Commission and its Member Cities not to approve any such traMfer of ownership or other transfer of interest. 7. COMPETITION. Should effective competition develop witl'Jn the Conunission's cable service terrirory in tlle provision of video or cable services, as agreed by both parties to this Agreement, at any elme in the furore. Meredith and the Commission agree to commence discussions regarding issues which give said competition an unfair advanlllge over Meredith. Shouid any.other Multi-channel Video Programming Distributor ("MVPD") over which the Commission Or the Member Cities have regulatory jurisdiction provide service in the current cable service area, tlle Commissio~ and its Member Cities agree not to grant more favorabLe tenns to such MVPD than are granted to Mereditll. 8 SEVERABTT ITY. Should any term of this MemOrandum be determined to be unenforceable by the PCC or any court of competent jurisdiction, the remainder of the Memorandum shall be treated as severod and shall remain in fuH force and effect. In [he eYelll tlult 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 make any amendments to this Memorandum or other applicable agreement or ordinances necessary to effecwate tlle intention of this Memorandum. In the event that such amendments or charges are barred by any legal requirements governing either pany, the parties shall use their best efforts to avoid prejudice to. the respective parties' interests, and to implement changes to effectuate the intent in entering into this Memorandl,Ul1, If ~ither 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 in nonagreement, then the parties agree to submit the remaining issues to binding arbitration. 7