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<br /> <br />232860v1 <br /> <br />31 <br />(iii) For purposes of this Section 10(3), a “class IV cable <br />communications channel” means a signaling path provided by a System to <br />transmit signals of any type from a Subscriber terminal to another point in <br />the System. <br />(e) <br />(4) Subscriber Privacy. Grantee shall comply with the terms of 47 U.S.C. §551 <br />relating to the protection of Subscriber privacy. <br />(5) Rights Reserved to City. In addition to any rights specifically reserved to the <br />City by this Franchise, the City reserves to itself every right and power which is required to <br />be reserved by a provision of this Franchise. <br />(6) Confidential Information. Notwithstanding anything herein to the contrary, <br />Grantee shall have the right to provide any confidential books and records that it is obligated <br />to make available to the City pursuant to this Franchise, by allowing the City, or its <br />designated representative(s), to view the books and records at a mutually agreeable location <br />and without City obtaining its own copies of such books and records. Alternatively, <br />Confidential, or proprietary information may be disclosed pursuant to a reasonable mutually <br />agreeable non-disclosure agreement. The intent of the parties is to work cooperatively to <br />insure that all books and records reasonably necessary for City's monitoring and enforcement <br />of Franchise obligations are provided to City. <br />(7) Severability. If any provision of this Franchise is held by any Governmental <br />Authority of competent jurisdiction, to be invalid as conflicting with any Applicable Laws <br />now or hereafter in effect, or is held by such Governmental Authority to be modified in <br />any way in order to conform to the requirements of any such Applicable Laws, such <br />provision shall be considered a separate, distinct, and independent part of this Franchise, <br />and such holding shall not affect the validity and enforceability of all other provisions <br />hereof. In the event that such Applicable Laws are subsequently repealed, rescinded, <br />amended or otherwise changed, so that the provision hereof which had been held invalid or <br />nullified is no longer in conflict with such laws, said provision shall thereupon return to full <br />force and effect and shall thereafter be binding on City and Grantee, provided that City shall <br />give Grantee thirty (30) days written notice of such change before requiring compliance with <br />said provision or such longer period of time as may be reasonably required for Grantee to <br />comply with such provision. <br />(8) Force Majeure. In the event Grantee's performance of any of the terms, <br />conditions, obligations or requirements of this Franchise is prevented or impaired due to any <br />cause beyond its reasonable control, such inability to perform shall be deemed to be excused <br />for the period of such inability and no penalties or sanctions shall be imposed as a result <br />thereof, provided Grantee has notified City in writing within a reasonable time of its discovery <br />of the occurrence of such an event. Such causes beyond Grantee's reasonable control shall <br />include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, <br />untimely delivery of equipment, inability of Grantee to obtain access to an individual's <br />property and inability of Grantee to secure all necessary permits to utilize utility poles and <br />96