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49 <br />remaining term of this Franchise to not more than thirty-six (36) months, and Grantee may <br />pursue non-monetary equitable relief it deems necessary to enforce its rights under this <br />Section. If Grantee elects to shorten the term of this Franchise pursuant to this Section, <br />Grantee shall be deemed to have timely invoked the formal renewal rights and procedures <br />set forth in Section 626 of the Federal Cable Act. <br /> <br />(g) Actual Providers. Notwithstanding anything contained herein to the contrary, <br />Grantor shall not be obligated to amend this Franchise unless the new entrant is actually <br />providing video programming services under a franchise granted by Grantor. <br /> <br />17.21 Treatment of negotiated provisions. <br /> <br />For the term of this Franchise any costs incurred by Grantee pursuant to Sections 7.2((c)), 7.5(c), <br />7.8, 7.9, 7.10, 7.12, 7.14, 7.15, 7.16, 13.1, 13.2, 13.3, and 13.4 shall be treated by Grantee as <br />Grantee’s business expense and not a Franchise Fee under Sections 1.19 and 16.1 of this <br />Franchise or as a PEG Fee under Section 7.13 of this Franchise. Grantee reserves any rights it <br />may have to recover from Subscribers, as a separate line item from the PEG Fee in Section 7.13 <br />of this Franchise, any PEG capital costs set forth in Section 7.2(a) and (c), 7.8, 7.9, 7.10, 7.11, <br />7.15 and 7.16 as may be permitted by Applicable Law as of the Effective Date. <br /> <br />Passed and adopted this 6th day of April, 2021. <br /> <br /> <br />ATTEST CITY OF LAKE ELMO, MINNESOTA <br /> <br /> <br /> <br />By: By: <br />Its: City Clerk Its: Mayor