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(s) "Gross Revenues"means any and all revenues received by the Grantee
<br /> from or in connection with the operation of the Cable System to provide Cable Services
<br /> in the Service Area. Gross Revenues shall include, by way of example but not limitation,
<br /> revenues from Basic Cable Service, all Cable Service fees,premium,pay-per-view, Pay
<br /> Television, Franchise Fees, late fees, guides, home shopping revenue, Installation and
<br /> reconnection fees, upgrade and downgrade fees, advertising revenue, Converter rental
<br /> fees and Lockout Device fees. Gross Revenue shall not include fees for the sale, leasing
<br /> or servicing of equipment, network capacity and facilities rent for the provision of non-
<br /> cable services (voice or data services), any fees itemized and passed through as a result of
<br /> Franchise imposed requirements,tower rent, refundable deposits, bad debt, investment
<br /> income, or any taxes, fees or assessments of general applicability imposed or assessed by
<br /> any Governmental Authority. A Franchise Fee is not such a tax, fee or assessment.
<br /> Gross Revenues shall not include any PEG Fees billed to or collected from Subscribers.
<br /> The City acknowledges and accepts that Grantee shall maintain its books and records in
<br /> accordance with GAAP.
<br /> (t) "Headend"means the point of origination and processing for most of the
<br /> signals received by the Cable System from external content providers.
<br /> (u) "Installation"means the connection of the System from Feeder Cable to
<br /> the point of connectivity.
<br /> (v) "Node"means a device that consists of receivers and transmitters that
<br /> amplify signals as they travel away from the Headend and receive upstream signals from
<br /> connected coaxial legs.
<br /> (w) "Non-Standard Installation"means any Drop in excess of Five Hundred
<br /> (500) feet for a residential property.
<br /> (x) "Normal Business Hours"means those hours during which most similar
<br /> businesses in the City are open to serve customers. In all cases, "Normal Business
<br /> Hours"must include some evening hours at least one(1)night per week and/or some
<br /> weekend hours.
<br /> (y) "Normal Operating Conditions"means those service conditions which are
<br /> within the control of the Grantee. Those conditions which are not within the control of
<br /> the Grantee include, but are not limited to, natural disasters, civil disturbances, power
<br /> outages, telephone network outages, and severe or unusual weather conditions. Those
<br /> conditions which are ordinarily within the control of the Grantee include,but are not
<br /> limited to, special promotions, pay-per-view events, rate increases, regular peak or
<br /> seasonal demand periods, and maintenance or upgrade of the System.
<br /> (z) "PEG"means public, educational and governmental.
<br /> (aa) "Person"means any individual or any association, firm, general
<br /> partnership, limited partnership,joint stock company,joint venture, trust, corporation,
<br /> limited liability company or other legally recognized entity, private or public, whether
<br /> for-profit or not-for-profit.
<br /> 171276v2 4
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