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171276v2
<br />(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 ofreceivers 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.
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