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another alternative technology that provides comparable content, service, and functionality. The Company's construction, operation, maintenance, repair and upgrade of its Facilities within the Service Area is subjeçt to the following technical and operational limitations: (A) for periods of Force Majeure; (B) for periods of delay caused by the City; (C) for periods of delay rèsulting from Company's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in developments or buildings that Company cannot access under reaSonable terms and conditions after good faith negotiation, as determined by Company; and (F) in areas, developments or buildings where Company is unable to provide video service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density (average density is equal to or greater than 30 occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active network trunk or feeder line) and other requirements. 2.4.1 Nondiscrimination. The Company will not deny service or access to the IP Video Service to any person within the municipal boundaries of the City because of the person's race, color, religion, creed, national origin, sex, sexual orientation, age, disability or income. 2.4.2 Alternative Service Methods. The Company may, subject to the terms herein, satisfy its nondiscrimination and service area obligations through the use of direct-to-home satellite service or another alternative technology that provides comparable content, service, and functionality. The alternative technology to be used and full details concerning the service to be provided shall be disclosed to the City, which shall assess whether the content, service and functionality provided are sufficiently comparable to that of the IP Video Service and, if so, shall consent to such use. SECTION 3 PUBLIC AND coMMUNITY BENEFITS 3.1 Public. Educational and Governmental Pro~rammin~. In order to promote a diversity of community voices and the availability of noncommercial Public, Educational and Governmental (PEG) programming currently provided on the PEG access channels on the incumbent cable system in the City, the Company and the City shall mutually agree upon and select an appropriate methodology to carry such currently available PEG access programming on tlÍe Company's IP Video Service, and the Company shall thereafter carry such programming so long as it is available. The City will be responsible to ensure that all PEG transmissions, retransmissions, content, or programming that may be requested to be trahsmitted over a channel or facility by Company are provided or submitted to Company, at the Company's designated connection point, In a manner or form that is capable of being accepted and transmitted by Company, without requirement for additional alteration or change in the format or content 477196-2 7