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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 /> 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 /> 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 /> 11 <br /> 232860v1 <br />