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<br />232860v1
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<br />("EITF") and/or the U.S. Securities and Exchange Commission ("SEC").
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<br />(q) “Governmental Authority” means any court or other federal, State, county, municipal
<br />or other governmental department, commission, board, agency or instrumentality.
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<br />(r) “Grantee” is Midcontinent Communications, its agents and employees, lawful
<br />successors, transferees, or assignees.
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<br />(s) “Gross Revenue” means any and all revenues received by the Grantee from or in
<br />connection with the operation of the Cable System to provide Cable Services in the
<br />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,
<br />Pay Television, Franchise Fees, late fees, guides, home shopping revenue, Installation
<br />and reconnection fees, upgrade and downgrade fees, advertising revenue, Converter
<br />rental fees and Lockout Device fees. Gross Revenue shall not include fees for the
<br />sale, leasing or servicing of equipment, network capacity and facilities rent for the
<br />provision of non-cable services (voice or data services), any fees itemized and passed
<br />through as a result of Franchise imposed requirements, tower rent, refundable
<br />deposits, bad debt, investment income, or any taxes, fees or assessments of general
<br />applicability imposed or assessed by any Governmental Authority. A Franchise Fee is
<br />not such a tax, fee, or assessment. Gross Revenues shall not include any PEG Fees
<br />billed to or collected from Subscribers. The City acknowledges and accepts that
<br />Grantee shall maintain its books and records in accordance with GAAP.
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<br />(t) “Headend” means the point of origination and processing for most of the signals
<br />received by the Cable System from external content providers.
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<br />(u) “Installation” means the connection of the System from Feeder Cable to the point of
<br />connectivity.
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<br />(v) “Node” means a remote point in the Cable System connecting fiber optic cable to the
<br />Feeder and Fiber Drops.
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<br />(w) “Non-Standard Installation” means any Drop in excess of five hundred feet (500) feet
<br />for a residential property.
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<br />(x) “Normal Business Hours” means those hours during which most similar businesses in
<br />the City are open to serve customers. In all cases, “Normal Business Hours” must
<br />include some evening hours at least one (1) night per week and/or some weekend
<br />hours.
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<br />(y) “Normal Operating Conditions” means those service conditions which are within the
<br />control of the Grantee. Those conditions which are not within the control of the
<br />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
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