2002-10-23 CC Packet - Laserfiche WebLink

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to Grantee, except the Grantee, the City and Commission shall continue to be bound by the MOD (except as modified or superseded herein) and by any previously accrued but unfulfilled obligations under Ordinance No. 40 (the "Prior Franchise") for which the Grantee had notice.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