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<br /> <br />232860v1 <br /> <br />9 <br />(2) Grant of Franchise. This nonexclusive Franchise is granted pursuant to the <br />terms and conditions contained herein. The City hereby authorizes Grantee to <br />occupy or use the City's Streets subject to: 1) the provisions of this non-exclusive <br />Franchise to provide Cable Service within the City; and 2) all applicable <br />provisions of the City Code. Said Franchise shall constitute both a right and an <br />obligation to provide Cable Services as required by the provisions of this <br />Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: <br />(1) providing services other than Cable Services to the extent not prohibited by <br />Applicable Law; or (2) challenging any exercise of the City's legislative or <br />regulatory authority in an appropriate forum. The City hereby reserves all of its <br />rights to regulate such other services to the extent not prohibited by Applicable <br />Law and no provision herein shall be construed to limit or give up any right to <br />regulate. <br />(3) Grant of Nonexclusive Authority/Competitive Equity. <br /> <br />a. The Franchise granted herein shall be nonexclusive. The City specifically <br />reserves the right to grant, at any time, such additional franchises for a Cable <br />System as it deems appropriate provided, however, such additional grants <br />shall not operate to materially modify, revoke, or terminate any rights <br />previously granted to Grantee other than as described herein. If any other <br />Wireline MVPD enters into any agreement with the City to provide multi <br />channel video programming or its equivalent to residents in the City, the City, <br />upon written request of the Grantee, shall permit the Grantee to construct <br />and/or operate its Cable System and provide multi channel video <br />programming or its equivalent to Subscribes in the City under the same <br />material terms as applicable to the new MVPD with the goal of competitive <br />equity, taking into consideration the City’s capital contribution towards <br />System extension as set forth in Section 3 of this Franchise. Within one <br />hundred eighty (180) days after the Grantee submits a written request to the <br />City, the Grantee and the City shall enter into an agreement or other <br />appropriate authorization (if necessary) containing any modified terms and <br />conditions to this Franchise. In no event shall this provision be used by <br />Grantee to avoid the System extension obligations or Performance Bond <br />obligations contained in this Franchise. <br /> <br />b. The Cable System constructed and maintained by Grantee or its agents shall <br />not interfere with other uses of Streets. Grantee shall make use of existing <br />poles and other facilities available to Grantee to the extent commercially <br />reasonable. Nothing in this section authorizes the Grantee to construct poles <br />in the City without prior City consent consistent with the City Code. <br /> <br />c. Notwithstanding the above grant to use Streets, no Street shall be used by <br />Grantee if City, in its sole opinion, determines that such use is inconsistent <br />with the terms, conditions, or provisions by which such Street was created or <br />dedicated, or with the present use of the Street. <br /> <br />74