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help achieve an advanced and modem 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 shall 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 />l7l276v2 <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) Grantee 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 (3 0) days following <br />its request in a form reasonably acceptable to the City. <br />16 <br />• I <br />94