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Grantee's System. Grantee will make reasonable accommodations with and for the <br /> property owner to ensure Grantee's System and cable plant is safe and secure as <br /> well as that the property owner's trees and shrubs are trimmed in accordance with <br /> established standards of the National Arborist Association. <br /> (11) Protection of facilities.Nothing contained in this section shall relieve any <br /> Person from liability arising out of the failure to exercise reasonable care to avoid <br /> damaging Grantee's facilities while performing any work connected with grading, <br /> regrading or changing the line of any Rights-of-Way or public place or the <br /> construction or reconstruction of any sewer or water system. <br /> SECTION 4 <br /> DESIGN PROVISIONS <br /> (1) Minimum Channel Capacity. <br /> a. Grantee shall provide a System utilizing fiber optic cable to provide an IPTV <br /> Cable System which shall be capable of delivering a minimum of eighty (80) <br /> video program Channels. <br /> b. All programming decisions remain the sole discretion of Grantee subject to <br /> City's rights pursuant to 47 U.S.C. § 545. <br /> (2) Technical Standards. The System shall at all times meet or exceed the technical <br /> standards established by the FCC as they may be amended from time to time and <br /> shall be operated so as to minimize disruption of signal to Subscribers. The <br /> System specifications are outlined in Exhibit C for information purposes. <br /> (3) Special Testing. City may require special testing of a location or locations <br /> within the System if there is a particular matter of controversy or unresolved <br /> complaints pertaining to such location(s). Demand for such special tests may be <br /> made on the basis of complaints received or other evidence indicating an <br /> unresolved controversy or noncompliance. Such tests shall be limited to the <br /> particular matter in controversy or unresolved complaints. The City shall <br /> endeavor to so arrange its request for such special testing so as to minimize <br /> hardship or inconvenience to Grantee or to the Subscribers caused by such <br /> testing. Before ordering such tests, Grantee shall be afforded thirty(30) days to <br /> correct problems or complaints upon which tests were ordered. The City shall <br /> meet with Grantee prior to requiring special tests to discuss,the need for such and, <br /> if possible, visually inspect those locations which are the focus of concern. If, <br /> after such meetings and inspections, City wishes to commence special tests and the <br /> thirty(30) days have elapsed without correction of the matter in controversy or <br /> unresolved complaints,the tests shall be conducted by a qualified engineer <br /> selected by City. In the event that special testing is required by City to determine <br /> the source of technical difficulties,the cost of said testing shall be borne by the <br /> Grantee if the testing reveals the source of the technical difficulty to be within <br /> Grantee's control. If the testing reveals the difficulties to be caused by factors <br /> 16 <br /> 232860v1 <br />