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(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 /> 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 /> 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 /> 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 /> 9 <br /> 232860v1 <br />