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� r <br /> � .� <br /> help achieve an advanced and modern Cable System, the following evaluation provisions will <br /> apply: <br /> (a) The City reserves the right to adopt rules and regulations controlling the <br /> procedures as set forth below and the subjects for evaluation sessions. In the absence of <br /> any City action taken to exercise these rights, Grantee shall be subject to the procedures <br /> and the subjects described in this Section. <br /> (b) The City may require, in its sole discretion,that the Grantee participate in <br /> evaluation sessions with the City at any time and from time to time during the term of <br /> this Franchise; provided, however,there shall not be more than one (1) evaluation session <br /> in any three (3) year period during the Term. However, nothing sha11 prohibit Grantee <br /> and City from mutually agreeing to have informal reviews as requested or deemed <br /> advisable by either party. <br /> (c) Topics which may be discussed at any evaluation session include, but are <br /> not limited to, rates, Channel capacity,the System performance, programming, PEG <br /> Access, municipal uses of the System, Subscriber complaints,judicial rulings, FCC <br /> rulings and any other topics the City or Grantee may deem relevant. <br /> (d) As a result of an evaluation session, the City or Grantee may determine <br /> that an amendment in the terms of this Franchise may be required, that the requirements <br /> of the System or this Franchise should be updated, changed or revised, and/or that <br /> additional services should be provided by Grantee (collectively a"Proposed <br /> Modification"). If the Proposed Modification is consistent with the terms of this <br /> Franchise, the needs of the City and existing state-of-the-art technology, including what <br /> is provided by Grantee in other systems owned, operated or managed by it, its parent <br /> company or any affiliated company, Grantee and the City will, in good faith,review the <br /> terms of the Proposed Modification and consider amending this Franchise according to <br /> Section 10(2) herein. <br /> (3) Records Required and City's Right to Inspect. <br /> (a) Crrantee shall at all times maintain, at its sole cost and expense,the <br /> following records and information relating specifically to the Cable System serving the <br /> City—the City may review these records upon request: <br /> (i) A full and complete set of plans, records and "as-built" drawings <br /> and/or maps which shall be updated annually showing the location of the Cable <br /> System installed or in use in the City, exclusive of Subscriber service Drops and <br /> equipment provided in Subscribers' homes. <br /> (ii) A summary of trouble calls or complaints, identifying the number, <br /> general nature and disposition of such calls, on a monthly basis. A summary of <br /> such service calls shall be submitted to the City within thirty (30) days following <br /> its request in a form reasonably acceptable to the City. <br /> i�iz�6�2 16 <br />