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08-249 Cable Franchise Agreement
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08-249 Cable Franchise Agreement
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5/19/2026 12:31:48 PM
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8/25/2022 1:43:14 PM
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8 <br />may have to challenge such modifications to the City Code whether arising in contract or at law. <br />The City reserves all of its rights and defenses to such challenges whether arising in contract or at <br />law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works <br />or public improvements of any description, (B) be construed as a waiver of any codes or ordinances <br />of general applicability promulgated by the City, or (C) be construed as a waiver or release of the <br />rights of the City in and to the Streets. <br /> <br />2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective <br />Date, unless renewed, amended or extended by mutual written consent in accordance with Section <br />17.8 or terminated sooner in accordance with this Franchise. <br /> <br />2.4 Franchise Area. This Franchise is granted for the Franchise Area defined herein. Grantee <br />shall extend its Cable System to provide Service to any residential unit in the City in accordance <br />with Section 6.6 herein. <br /> <br />2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City <br />specifically reserves the right to grant, at any time, such additional franchises for a Cable System <br />as it deems appropriate provided, however, such additional grants shall not operate to materially <br />modify, revoke, or terminate any rights previously granted to Grantee other than as described in <br />Section 17.20. The grant of any additional franchise shall not of itself be deemed to constitute a <br />modification, revocation, or termination of rights previously granted to Grantee. Any additional <br />cable franchise grants shall comply with Minn. Stat. § 238.08 and any other applicable federal <br />level playing field requirements. <br /> <br />2.6 Periodic Public Review of Franchise. The City may conduct a public review of the <br />Franchise. The purpose of any such review shall be to ensure, with the benefit of full opportunity <br />for public comment, that the Grantee continues to effectively serve the public in accordance with <br />Applicable Law, and considering any new cable technology, Grantee’s performance with the <br />requirements of this Franchise, local regulatory environment, community needs and interests, and <br />other such factors. So long as Grantee receives reasonable notice, Grantee shall cooperate in good <br />faith. The review shall not operate to modify or change any provision of this Franchise without <br />mutual written consent in accordance with Section 17.8 of this Franchise. The City and Grantee <br />shall each be responsible for their own costs regarding the conduct of, or cooperation with, any <br />such periodic review. <br /> <br />2.7 Transfer of Ownership. <br /> <br />(a) A sale or transfer of this Franchise, including a sale or transfer by means of a <br />“fundamental corporate change,” as defined in Minn. Stat. § 238.083 Subd. 1, or the sale <br />or transfer of stock in Grantee so as to create a new “controlling interest,” as defined in <br />Minn. Stat. § 238.083 Subd. 6, in the Cable System, shall require the written approval of <br />the City. Grantee shall submit a written request to the City for the City’s approval, <br />provided, however, that said approval shall not be required where Grantee grants a <br />security interest in its Franchise and assets to secure an indebtedness. The written approval <br />of the City shall not be required under this section for internal corporate reorganizations <br />involving Affiliates or pledges of the Franchise as collateral or security for any loan or <br />other debt instrument.
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