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10-11-2017 Council Packet
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10-11-2017 Council Packet
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<br />[97259/1] 7 <br /> <br />television services, it still has meaningful choices when selecting between a Standard <br />Definition Digital Cable Box and a Standard Definition Digital Adapter. A municipality <br />might not wish to have the added functionality that is provided by a Digital Cable Box at <br />every location that it would station cable television equipment. This is because a Digital <br />Cable Box, but not a Digital Adapter, grants users the ability to place orders for <br />separately-priced on-demand programming with the television’s remote control device.36 <br /> The Side Letter does not establish what equipment the cities must select for each <br />site nor does it require that every member city make the same selection of equipment. <br />The Side Letter thus provides for meaningful choices between types and configurations <br />of cable equipment. <br /> Lastly, NSCC’s argument that the Side Letter must be read against its professed <br />intention to “eliminate any additional charges” related to High Definition television <br />services,37 is not availing. A very effective way to avoid charges like Comcast’s HD <br />Technology Fee is to receive Standard Definition television services. For that reason, it <br />is not clear that such a declaration would have apprised Comcast’s negotiators that <br />continuing to provide Standard Definition services under the follow-on franchise <br />agreement was unacceptable or that complimentary High Definition television service <br />was an essential purpose of the Side Letter. <br /> In such a circumstance, NSCC’s misapprehension about what type of signal <br />formats it would receive on a complimentary basis is a unilateral mistake as to the <br />“attributes, quality or value”38 of the services guaranteed by the Side Letter. When <br />information about promised services is available to both parties to a contract, each party <br />is equally innocent, and there was no concealment of facts and no imposition, <br />Minnesota law apportions the burdens of any mistake regarding “attributes, quality or <br />value” to the party who made the mistake.39 In this case, the NSCC knew or should <br />have known that High Definition television service is a separately-priced offering that is <br />not extended to every Digital Starter subscriber. It also should have known that <br />Comcast’s pledge to provide Digital Starter packages does not, in and of itself, include <br />the separately-priced High Definition television services.40 <br /> For all of these reasons, Comcast is entitled to summary disposition. <br /> E. L. L. <br /> <br /> <br />36 See Bradley Aff., Attach. E; Swenson Affidavit, Attachs. C, D, E. <br />37 See, e.g., Anchor Cas. Co. v. Bird Island Produce, Inc., 82 N.W.2d 48, 55 (Minn. 1957) (“The <br />prohibition of the parol evidence rule is not against the use of extrinsic circumstances for the purpose of <br />interpretation ‘but against making them the instruments of contradiction of an expressed contractual <br />intent.’") (quoting Wilmot v. Minneapolis Auto. Trade Ass'n, 210 N.W. 861, 861 (Minn. 1926)). <br />38 See N. Star Ctr., Inc. v. Sibley Bowl, Inc., 205 N.W.2d 331, 332–33 (Minn. 1973); Bakke v. Keller, 19 <br />N.W.2d 803, 808–09 (Minn. 1945); Beasley v. Medin, 479 N.W.2d 95, 98 (Minn. Ct. App. 1992). <br />39 Id.; see also Restatement (2d) of Contracts § 154 (1981). <br />40 See generally Bradley Aff., Attach. E.
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