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(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 hereof In the event that such Applicable Laws are subsequently repealed,rescinded, 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 /> 31 <br /> 232860v1 <br />