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Ord_1533
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Last modified
5/29/2018 12:58:51 PM
Creation date
5/25/2018 10:23:29 AM
Metadata
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Template:
Roseville City Council
Document Type
Council Ordinances
Meeting Date
10/9/2017
Meeting Type
Regular
Ordinance #
1533
Ordinance Title
Cable Televsion Franchise Ordinance
Ordinance Date Passed
10/9/2017
Ordinance Date Published
10/17/2017
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
10/17/2017
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i <br /> Comcast agrees to abide by all applicable laws and regulations. In the event Comcast ceases to <br /> provide services or at the conclusion or termination of all agreements between Customer and <br /> Comcast, if applicable to the Service, Comcast shall use its best efforts to return all Customer data <br /> to the Customer in a Customer-approved format and purge such data from Comcast computers and <br /> storage devices. Comcast will provide written verification of data purge if applicable. <br /> 4. Article 2.5 "Ownership,Impairment and Removal of Network" is hereby <br /> modified to read as follows: <br /> Network is and shall remain the property of Comcast regardless of whether installed within or upon <br /> the Service Location(s)and whether installed overhead, above, or underground and shall not be <br /> considered a fixture or addition to the land or the Service Location(s) located thereon. Customer <br /> agrees that it shall take no action that directly or indirectly impairs Comcast's title to the Network, <br /> or any portion thereof, or exposes Comcast to any claim, lien, encumbrance, or legal process, <br /> except as otherwise agreed in writing by the Parties.Nothing in this Agreement shall preclude <br /> Comcast from using the Network for services provided to other Comcast customers.For a period of <br /> six(6)months following Comcast's discontinuance of Service to the Service Location(s), Comcast <br /> retains the right to remove the Network including, but not limited to,that portion of the Network <br /> that is located in the Service Location.To the extent Comcast removes such portion of the Network <br /> it shall be responsible for returning the Service Location(s)to its prior condition,reasonable wear <br /> and tear excepted. <br /> 5. Article 2.7 "Engineering Review" is modified to read as follows: <br /> Engineering Review.Each Sales Order submitted by Customer may be subject to an engineering <br /> review. The engineering review will determine whether and to what extent the Network must be <br /> extended, built or upgraded("Custom Installation") in order to provide the ordered Services at the <br /> requested Service Location(s). Comcast will provide Customer written notification in the event <br /> Service installation at any Service Location will require an additional non-recurring installation fee <br /> ("Custom Installation Fee"), Custom Installation Fees may also be referred to as Construction <br /> Charges on a Sales Order or Invoice. Customer will have five (5)business days from receipt of <br /> such notice to reject the Custom Installation Fee and terminate,without further liability,the Sales <br /> Order with respect to the affected Service Location(s). Failure to respond within five(5)business <br /> days will be deemed a rejection. For certain Services,the Engineering Review will be conducted <br /> prior to Sales Order submission. In such case, Customer will have accepted the designated Custom <br /> Installation Fee upon submission of the applicable Sales Order. <br /> 6. Article 3.3 "Payment of Bills" is hereby modified to read as follows: <br /> Except as otherwise indicated herein or in a FSA, Comcast will invoice Customer in advance on a <br /> monthly basis for all monthly recurring charges and fees arising under the Agreement. All other <br /> charges will be billed monthly in arrears, including without limitation certain usage based charges <br /> and third party pass through fees. Payment is due upon presentation of an invoice.Payment will be <br /> 4 <br />
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