Laserfiche WebLink
<br /> <br />232860v1 <br /> <br />11 <br />objection the City may have to the five (5) year extension. The parties shall <br />work in good faith to address any issues or concerns on mutually acceptable <br />terms. <br /> <br />b. In the event Franchising Authority grants one or more additional Franchises <br />or one or more non-franchised MVPD’s commence providing Video <br />Programming in the Franchising Authority, Grantee shall have the right to <br />modify this Franchise as provided herein, terminate the Franchise, or reduce <br />the term of this Franchise in its sole discretion. All Franchises granted or <br />renewed after the date of this Franchise shall have the same substantive terms <br />and conditions as this Franchise in order that one MVPD not be granted a <br />competitive advantage over another. Nothing in this provision shall be <br />constructed in such a way as to limit the Franchising Authority's authority to <br />enter into other Franchises. <br /> <br />c. In the event a MVPD commences operation without a Franchise or is granted <br />a Franchise or permit to operate by the Franchising Authority, the terms and <br />conditions of which do not comply with this Franchise, Grantee shall notify <br />the Franchising Authority whether it wishes to modify its Franchise (in <br />addition to any rights it may have to modify its Franchise under state or <br />federal law), terminate the Franchise or reduce the term of this Franchise in <br />its sole discretion. The Franchising Authority and the Grantee shall work <br />together in good faith to develop Franchise modifications which address any <br />competitive inequity, and the Franchising Authority shall adopt those <br />modifications within ninety (90) days after receiving notice from Grantee. <br />Failure to adopt the modifications shall allow Grantee to unilaterally opt into <br />the competitor’s Franchise or to otherwise reduce or eliminate any obligations <br />imposed by this Franchise which are not imposed on a competitor in its sole <br />discretion. A MVPD is not an entity that provides direct broadcast satellite <br />services for purposes of this Section. Notwithstanding any provisions of this <br />Section to the contrary, if the Franchising Authority does not possess <br />authority under applicable laws to require a Franchise from any Person, the <br />provisions of this Section shall not apply. <br />(4) Previous Franchises. Upon acceptance by Grantee as required by Section 11(2) <br />herein, this Franchise shall supersede and replace any previous Ordinance or <br />Agreement granting a Franchise to Grantee to own, operate and maintain a Cable <br />System within the City. <br />(5) Ownership of Grantee. Grantee represents and warrants to City that the <br />corporate structure of the Grantee, including all affiliated companies and ultimate <br />parent company, are as set forth in the organizational chart attached hereto as <br />Exhibit B. <br />(6) Rules of Grantee. The Grantee shall have the authority to promulgate such <br />rules, regulations, terms, and conditions governing the conduct of its business as <br />shall be reasonably necessary; provided that such rules, regulations, terms and <br />conditions shall not be in conflict with Applicable Law. <br />76