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48 <br />(ii) video programming services delivered via means over systems that are not <br />subject to the Grantor’s franchising authority or upon which the Grantor may not <br />impose similar requirements, under state or federal law, including a system <br />described in 47 U.S.C. § 651(a)(2); <br /> <br />(iii) telecommunication services; <br /> <br />(iv) interstate information services; <br /> <br />(v) any new franchise that is issued for less than 10% of the territory of the City. <br />For the avoidance of doubt, this exemption is not intended to preclude the Grantee’s <br />pursuit of any remedies it may have under Minn. Stat. § 238.08, Subd. 1. <br /> <br />(d) Limits on Relief. The parties agree that: <br /> <br />(i) Grantee may not withhold, delay or enjoin any performance or otherwise <br />refuse to comply with its obligations whether or not it believes it is entitled to relief <br />under this Section; <br /> <br />(ii) Any relief shall be prospective only, and limited to the relief agreed upon, <br />or the modifications obtained through any renewal of this Franchise; <br /> <br />(iii) Grantor will not be liable for any damages to Grantee for any breach of this <br />provision; and <br /> <br />(iv) Grantee may not obtain any relief from non-franchise obligations it may <br />have under settlements or other contracts with the Grantor via this provision. <br /> <br />(e) Modifications Process, Initiation. The modifications process provided for herein <br />shall only be initiated by written notice provided by Grantee to Grantor regarding specified <br />franchise obligations. Grantee's notice must: (1) identify the specific terms or conditions <br />in the competitive cable services franchise which are materially different from Grantee's <br />obligations under this Franchise; (2) identify the Franchise terms and conditions for which <br />Grantee is seeking amendments; (3) provide text for any proposed Franchise amendments <br />to the Grantor with a written explanation of why the proposed amendments are necessary <br />and consistent; and (4) confirm whether Grantee is willing to accept any additional <br />obligations that may be contained within the modified franchise that are not contained <br />within its franchise. <br /> <br />(f) Negotiation. Upon receipt of Grantee’s written notice as provided under <br />subsection (e) above, Grantor and Grantee agree that they will use best efforts in good <br />faith to negotiate the proposed Franchise modifications to achieve competitive equity of <br />regulatory and financial burdens, and that such negotiation will proceed and conclude <br />within a one hundred and eighty (180) day period, unless that time period is reduced or <br />extended by mutual agreement of the parties. If Grantor and Grantee reach agreement on <br />the Franchise modifications pursuant to such negotiations, then Grantor shall amend this <br />Franchise to include the modifications insofar as permitted under City law. If the Grantor <br />and Grantee fail to reach agreement in such negotiations, Grantee may elect to shorten the