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Ord_1533
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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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1 <br /> I <br /> 14. Article 5.3.D is modified to read as follows: <br /> Customer will permit Comcast to retrieve from the applicable Service Location any and all <br /> Comcast Equipment. If Customer fails to permit such retrieval or if the retrieved Comcast <br /> Equipment has been damaged or destroyed other than by Comcast or its agents,normal wear and <br /> tear excepted, Comcast may invoice Customer for the manufacturer's list price of the relevant <br /> Comcast Equipment or the cost of repair(if repair is available and commercially reasonable) <br /> whichever is lower,which amounts shall be immediately due and payable. <br /> 15. Article 5.6 is added to the Agreement: <br /> Notwithstanding Article 5.3, 5.4 and 5.5,the Parties agree that upon termination of the Agreement, <br /> termination of a Sales Order, or discontinuance of Service,the Customer may extend access to the <br /> Services in accordance with Article 11.17 Transition Services. <br /> 16. Article 6.1 "Limitation of Liability" is hereby modified to read as follows: <br /> A. THE AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL <br /> LOSSES,DAMAGES AND CAUSES ARISING OUT OF THE AGREEMENT, INCLUDING <br /> BUT NOT LIMITED TO,THE PERFORMANCE OF SERVICE,AND NOT OTHERWISE <br /> LIMITED HEREUNDER, WHETHER IN CONTRACT,TORT, OR OTHERWISE, SHALL <br /> NOT EXCEED DIRECT DAMAGES EQUAL TO THE SUM TOTAL OF PAYMENTS MADE <br /> BY CUSTOMER TO COMCAST DURING THE TWELVE (12)MONTI-IS IMMEDIATELY <br /> PRECEDING THE EVENT FOR WHICH DAMAGES ARE CLAIMED. THIS LIMITATION <br /> SHALL NOT APPLY TO EITHER PARTY'S INDEMINIFICATION OR CONFIDENTIALITY <br /> OBLIGATIONS AND CLAIMS FOR DAMAGE TO PROPERTY AND/OR PERSONAL <br /> INJURIES (INCLUDING DEATH)ARISING OUT OF THE NEGLIGENCE OR <br /> MISCONDUCT OF COMCAST WHILE ON THE CUSTOMER SERVICE LOCATION. THIS <br /> LIMITATION SHALL NOT LIMIT CUSTOMER'S LIABILITY FOR AMOUNTS OWED FOR <br /> THE SERVICES RENDERED FOR ANY LOST OR DAMAGED EQUIPMENT OR <br /> SOFTWARE PROVIDED BY COMCAST OR FOR EARLY TERMINATION CHARGES. <br /> B. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY <br /> INCIDENTAL, INDIRECT, SPECIAL, COVER,PUNITIVE OR CONSEQUENTIAL <br /> DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT <br /> LIMITED TO ANY LOSS REVENUE,LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF <br /> PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT <br /> HOWEVER,THAT NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER'S LIABILITY <br /> FOR AMOUNTS OWED FOR THE SERVICES PERFORMED,FOR ANY EQUIPMENT OR <br /> SOFTWARE PROVIDED BY COMCAST OR FOR EARLY TERMINATION CHARGES. <br /> 17. Article 6.2 B. "Disclaimer of Warranties" is modified to read as follows: <br /> 7 <br />
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