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Emergency Alert System Plan ("Plan") for the duration of such sudden, <br />unforeseen event. Grantee shall cooperate with designated state officials to test <br />the emergency override system, for periods not to exceed one minute in <br />duration and not more than once every six months, and upon request by the <br />City, provide verification of compliance with any State Plan. The City may <br />identify authorized emergency officials for activating Grantee's EAS consistent <br />with the State's Plan, and the City may also develop a local plan containing <br />methods of EAS message distribution, subject to applicable laws. <br />4.1.3 During construction activities related to the System, the Grantee shall attempt to <br />identify and take into account the Cable Service interests of the business <br />community within the City. The Grantee shall, in connection with System <br />construction, install conduit adequately sized to address future System rebuilds or <br />System additions, with the intent to obviate the need to reopen the Rights -of -Way <br />for construction and installation work. <br />4.1.4. The City may request, as part of the System construction, that the Grantee remove <br />from the Rights -of -Way, at its own expense, its existing equipment, plant and <br />facilities that will not be used in the future, whether activated or not. If any <br />unused or deactivated equipment remains in Rights -of -Way after such City <br />request and the Grantee's reasonable opportunity to remove, the City may remove <br />such plant, facilities and equipment at the Grantee's expense. The Grantee may <br />appeal any request to remove existing equipment, plant and facilities to the City <br />Council and thereby stay City action until a final decision is issued by the City <br />Council. In the event existing facilities, plant and equipment are left underground <br />in the Rights -of -Way, the City or the Commission may require the Grantee to <br />provide accurate maps showing the location and the nature of the deactivated or <br />unused facilities, plant and equipment, if such information has not already been <br />provided to the City or the Commission. <br />4.1.5. The Grantee shall not assert or otherwise raise any claim before a court of <br />competent jurisdiction or any administrative agency alleging that, as of the <br />Effective Date of this Franchise, the System design and performance requirements <br />set forth in this Franchise are unenforceable under or inconsistent with then <br />current applicable laws or regulations, or any orders, rules or decisions of the <br />FCC. <br />4.2 Periodic Progress Reporting. <br />Following commencement of construction, the Grantee shall, upon request of the <br />Commission, meet with the Commission and provide an update on the progress of the <br />construction. <br />4.2.1 Public Notification. Prior to the beginning of the System construction, and <br />periodically during each phase of construction, the Grantee shall inform the public <br />and its Subscribers, through various means, about: (i) the progress of <br />20 <br />