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6. Periodic Evaluation. <br />a. The City may require evaluation sessions at any time during the term of <br />this Franchise, upon fifteen (15) days written notice to Grantee. <br />b. Topics which may be discussed at any evaluation session may include, but <br />are not limited to, application of new technologies, System performance, <br />progranuning offered, access channels, facilities and support, municipal <br />uses of cable, subscriber rates, customer complaints, amendments to this <br />Franchise, judicial rulings, FCC rulings, line extension policies and any <br />other topics City deems relevant. <br />c. As a result of a periodic review or evaluation session, upon notification <br />from City, Grantee shall agree to such changes and modifications to the <br />terms and conditions of the Franchise which are both economically and <br />technically feasible. [Gibbs to propose language incorporating the need for <br />Franchise modifications in the event desired by the City and technologically <br />and economically feasible] <br />SECTION 9. <br />GENERAL FINANCIAL AND INSURANCE PROVISIONS <br />1. Performance Bond. <br />a. At the time the Franchise becomes effective and at all times thereafter, until <br />the Grantee has liquidated all of its obligations with City, the Grantee shall <br />furnish a bond to City in the amount of $500,000.00 in a form and with <br />such sureties as reasonably acceptable to City. This bond will be <br />conditioned upon the faithful performance by the Grantee of its Franchise <br />obligations and upon the further condition that in the event the Grantee <br />shall fail to comply with any law, ordinance or regulation governing the <br />Franchise, there shall be recoverable jointly and severally from the <br />principal and surety of the bond any damages or loss suffered by City as a <br />result, including the full amount of any compensation, indemnification or <br />cost of removal or abandonment of any property of the Grantee, plus a <br />reasonable allowance for attorneys' fees and costs, up to the full amount of <br />the bond, and further guaranteeing payment by the Grantee of claims, liens <br />and taxes due City which arise by reason of the construction, operation, or <br />maintenance of the System. The rights reserved by City with respect to the <br />bond are in addition to all other rights City may have under the Franchise <br />or any other law. City may, from year to year, in its sole discretion, <br />reduce the amount of the bond. <br />Page 37 <br />