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4.3 Periodic Progress Reporting. <br />Following commencement of construction of the System Upgrade, the DFOI and the I - <br />Net upgrade or any similar major construction, the Grantee shall, upon request of the <br />Commission, meet with the Commission and provide an update on the progress of the <br />System Upgrade, the DFOI construction and the I -Net upgrade or other construction. <br />4.3.1 Public Notification. Prior to the beginning of the System Upgrade, 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 the System <br />Upgrade or major construction; (ii) areas where construction crews will be <br />working; and (iii) any expected temporary interruptions to existing services which <br />may occur. <br />4.3.2 Delays in the Construction. The Grantee shall be excused from the timely <br />performance of its obligation to begin and complete any System Upgrade, DFOI <br />construction, and I -Net upgrade within the time specified herein, for the following <br />occurrences: <br />4.3.2.1 Any "Force Majeure" situation, as described herein; and <br />4.3.2.2 Unreasonable failure or delay by the City to issue any permits or <br />permission upon a timely and complete application submitted to <br />the City by the Grantee or its contractor representative and tender <br />of any required permit fee. <br />4.3.3 Consequences of Delays. Absent a showing of excusable delay pursuant to <br />subsection 4.3.2 above, should the Grantee be unable to demonstrate the <br />commencement or timely completion of the System Upgrade, the DFOI and the I - <br />Net upgrade by the times specified herein, or be unable to reasonably justify any <br />delays, then the Grantee shall be in violation of a material provision of this <br />Franchise and the City may, in its sole discretion, either grant the Grantee an <br />extension of time to complete such construction, or implement any enforcement <br />measures or penalties specified in this Franchise or the City Code, including but <br />not limited to revocation of the Franchise. In the event of excusable delay <br />pursuant to subsection 4.3.2, the time for completion will be extended by the <br />period of such delay. <br />27 <br />