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6386
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2002
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6386
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Last modified
12/6/2004 2:49:32 PM
Creation date
11/5/2014 12:23:18 PM
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City Ordinances
Passed
8/26/2002
Ordinance Number
6386
Bill Number
8615
Introdate
8/12/2002
Description
Renewing cable television franchise with Charter Communications
Introduced By
Wagner
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and purposes of this Agreement. <br /> <br /> (b) Preemption: <br /> In the event that federal or state laws, rules or regulations preempt a <br />provision or limit the enforceability of a provision of this Agreement, then, subject to the <br />City's rights under the foregoing subsection, the provision shall be read to be preempted to <br />the extent and for the time, but only to the extent and for the time, required by law. In the <br />event such federal or state law, rule or regulation is subsequently repealed, rescinded, <br />amended or otherwise changed so that the provision hereof that had been preempted is no <br />longer preempted, such provision shall thereupon return to full force and effect, and shall <br />thereafter be binding on the parties hereto, without the requirement of further action on the <br />part of the City. <br /> <br /> (c) Notice: <br /> As soon as reasonably practicable following knowledge thereof, the <br />Fra~_chisee and/o_r-~Guarantor~shalLnotify the City of any point of conflict believed to exist <br />between the Cable Ordinance or this Agreement and any other provisions of law. <br /> <br /> (d) Force Majeure: <br /> In addition to the force majeure provision included in the Cable Ordinance, <br />the Franchisee shall not be held in default of, or noncompliance with, this Franchise <br />Agreement if its performance is hindered by strikes or labor disputes which are reasonably <br />beyond the Franchisee's ability to anticipate and control. <br /> <br />4. Provision of Cable Service. <br /> The Franchisee shall make Cable Service available to all Persons within the <br />Franchise Area who request Service, so long as their financial and other obligations to the <br />Franchisee are satisfied, and subject to reasonable construction standards and schedules <br />and subject to availability of legal access to the location. Franchisee shall extend its <br />System as required by the Cable Ordinance. <br /> <br />5. System Facilities, Equipment and Services. <br /> <br />(a) System Facilities: <br /> <br /> The Franchisee shall construct an upgrade of its Cable System as provided in <br />subsection (b) hereof. Prior to the completion of the upgrade, the Franchisee's Cable <br />System shall at all times meet or exceed its capacity and quality as of the last day of the <br /> <br />8 <br /> <br /> <br />
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