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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />hereunder shall not exempt the Grantee from the obligation to pay compensation or <br />fees for the use of City property, both real and personal, other than the Rights-of- <br />Way; provided, however, that such compensation or fees are required by City <br />ordinance, regulation or policy and are nondiscriminatory. <br /> <br />2.3 Lease or Assienment Prohibited. <br /> <br />No Person or governmental body may lease Grantee's System for the purpose of providing <br />Cable Service until and unless such Person shall have first obtained and shall currently hold <br />a valid Franchise or other lawful authorization containing substantially similar burdens and <br />obligations to this Franchise, including, without limitation, a requirement on such Person to <br />pay franchise fees on such Person's or governmental body's use of the System to provide <br />Cable Services, to the extent there would be such a requirement under this Franchise if the <br />Grantee itself were to use the System to provide such Cable Service. Any assignment of <br />rights under this Franchise shall be subject to and in accordance with the requirements of <br />Section 10.5. <br /> <br />2.4 Franchise Term. <br /> <br />This Franchise shall be in effect for a period of fifteen (IS) years, such term cOnUnencing <br />on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked <br />or terminated as herein provided. <br /> <br />2.5 Previous Franchises. <br /> <br />As of the Effective Date, this Franchise shall supercede and replace any previous <br />Ordinance, as amended, of the City granting a Franchise to Grantee, except the Grantee, the <br />City and Commission shall continue to be bound by the MOD (except as modified or <br />superseded herein) and by any previously accrued but unfulfilled obligations under <br />Ordinance No. 40 (the "Prior Franchise") for which the Grantee had notice. Except as <br />otherwise provided in this Franchise, the Grantee shall remain liable for payments of all <br />franchise fees and other amounts owed under the Prior Franchise and the MOD, and for all <br />unfulfilled actions that the Grantee was notified of and required to take under the Prior <br />Franchise up to the Effective Date of this Franchise. The grant of this Franchise shall have <br />no effect on the Grantee's duty under the Prior Franchise to indemnify or insure the City <br />against acts and omissions occurring during the period that the Prior Franchise was in <br />effect. <br /> <br />2.6 Compliance with Applicable Laws. Resolutions and Ordinances. <br /> <br />2.6.1 The terms of this Franchise shall define the contractual rights and obligations of the <br />Grantee with respect to the provision of Cable Service and operation of the System <br />in the City. However, the Grantee shall at all times during the term of this <br />Franchise be subject to the lawful exercise of the police powers of the City, the <br />City's right to adopt and enforce additional generally applicable ordinances and <br /> <br />8 <br />
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