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� r <br /> < < <br /> (a) The Franchise granted herein sha11 be nonexclusive, The City specifically <br /> reserves the right to grant, at any time, such additional franchises for a Cable System as it <br /> deems appropriate provided, however, such additional grants shall not operate to <br /> materially modify, revoke, or terminate any rights previously granted to Grantee other <br /> than as described herein. If any other Wireline MVPD enters into any agreement with the <br /> City to provide multi channel video programming or its equivalent to residents in the <br /> City, the City, upon written request of the Grantee, shall permit the Grantee to construct <br /> and/or operate its Cable System and provide multi channel video programming or its <br /> equivalent to Subscribers in the City under the saxne material terms as applicable to the <br /> new MVPD with the goal of competitive equity, taking into consideration the City's <br /> capital contribution towards System extension as set forth in Section 3 of this Franchise. <br /> Within one hundred eighty (180) days after the Grantee submits a written request to the <br /> City, the Grantee and the City shall enter into an agreement or other appropriate <br /> authorization(if necessary) containing any modified terms and conditions to this <br /> Franchise. In no event shall this provision be used by Grantee to avoid the System <br /> extension obligations or Performance Bond obligations contained in this Franchise. <br /> (b) The Cable System constructed and maintained by Grantee or its agents <br /> shall not interfere with other uses of Streets. Crrantee shall make use of existing poles <br /> and other facilities available to Grantee to the extent commercially reasonable. Nothing <br /> in this section authorizes the Grantee to construct poles in the City without prior City <br /> consent consistent with the Ciry Code. <br /> � (c) Notwithstanding the above grant to use Streets, no Street shall be used by <br /> Grantee if City, in its sole opinion, determines that such use is inconsistent with the <br /> terms, conditions, or provisions by which such Street was created or dedicated, or with <br /> the present use of the Street. <br /> (d} Grantee shall have the authority to use Streets for the distribution of <br /> Grantee's System. The City may require all developers of future subdivisions to allow <br /> and accommodate the construction of the System as part of any provisions for utilities to <br /> serve such subdivisions. ' <br /> (e) The Grantee specifically agrees to comply with the lawful provisions of <br /> the City Code and applicable regulations of the City. Subject to the police power <br /> exception below, in the event of a conflict between A)the lawful provisions of the City <br /> Code or applicable regulations of the City and B)this Franchise, the express provisions <br /> of the City Code shall govern. Subject to express federal and state preemption, the <br /> material terms and conditions contained in this Franchise may not be unilaterally altered <br /> by the City through subsequent amendments to the City Code, ordinances or any <br /> regulation of City, except in the lawful exercise of City's police power. Grantee <br /> acknowledges that the City may modify its regulatory policies by lawful exercise of the <br /> City's police powers throughout the term of this Franchise. Grantee agrees to comply <br /> with such lawful modifications to the City Code; however, Grantee reserves any rights it <br /> may have to challenge such modifications to the City Code whether arising in contract or <br /> at law. The City reserves all of its rights and defenses to such challenges whether arising <br /> � in contract or at law. <br /> »�z�6�2 7 <br />