2002-011 Council Ordinances (2) - Laserfiche WebLink

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prevent use of the Grantee's Cable System in any manner that results in unlawful use thereof, or any physical loss or physical damage to the Cable System. Except to the extent expressly prohibited by law, the City and the Commission shall hold the Grantee, its employees, officers and assigns harmless from any claims by third parties arising out of use of the EAS, including but not limited to reasonable attorneys' fees and costs. The City or the Commission shall provide reasonable notice to the Grantee prior to any test use of the EAS. The Grantee shall cooperate with the City and/or the Commission in any such test. 4.1.9. During the design, walkout and preliminary construction activities related to the System Upgrade, the Grantee shall attempt to identify and take into account the Cable Service interests of the business community within the City. The Grantee shall, in connection with the System Upgrade, install conduit adequately sized to address future System rebuilds or System additions, with the intent to obviate the need to reopen the Rights -of -Way for construction and installation work. 4.1.10. The City may request, as part of the System Upgrade, that the Grantee remove from the Rights -of -Way, at its own expense, existing equipment, plant and facilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights -of -Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thereby stay City action until a final decision is issued by the City Council. In the event existing facilities, plant and equipment are left underground in the Rights -of -Way, the City or the Commission may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unused facilities, plant and equipment, if such information has not already been provided to the City or the Commission. 4.1.11. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions of the FCC. 4.2 System Construction Timetable. 4.2.1 Grantee shall complete all construction related to the System Upgrade and shall fully activate the upgraded System no later than July 15, 2004. The Grantee shall provide, where reasonably feasible, for phased activation launches of the subscriber network. Failure to timely complete construction of the System Upgrade shall be a violation of this Franchise. 25