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56-06 AT&T
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56-06 AT&T
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Last modified
5/14/2013 3:10:57 PM
Creation date
10/19/2006 8:41:24 AM
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Template:
Office Of Council
Document Type
Ordinances
Date
10/19/2006
Date Adopted
7/17/2006
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<br />(b) Where any court, agency, commission, legislative body, or other <br />authority of competent jurisdiction issues a finding or takes action described in paragraph <br />8, La above, and such finding is not final and is subject to appeal, during the interval of <br />such appeal the parties may agree mutually to acts taken in mitigation of legal or <br />administrative risks as may be presented should the finding or action be sustained upon <br />appeal. Should the finding or action subsequently be repealed, reversed, amended or <br />changed, the City and Company shall act to restore this Agreement to operation as <br />preceded the finding or action, in a manner consistent with such repeal, reveÌsal, <br />amendment or change. The Company may discontinue any or all of the IF-Enabled <br />Services and terminate this Agreement in the event that it is subject to a ruling of a court <br />or agency of competent jurisdiction that directs or requires such result or that renders the <br />continued provision of such Servicès commercially impracticable as an economic marter, <br />notwithstanding the absence of a [mal judgment, in which case Company shall provide no <br />less than thirty (30) days' prior written notice to City before discontinuing such Services. <br />Where Services have been terminated under such circumstances, Company shall have no <br />obligation to restore Services or revive this Agreement in the event the fiÍ1ding later is <br />reversed, overturned, modified or changed. <br /> <br />(c) Under no circumstances shall any finding, conclusion or requirement <br />described in Section 8.1(a) or (b) be applied retroactively or be interpreted to have any <br />retroactive effect. <br /> <br />8.2 Public Safety. This Agreement is subject to the City's laws of general <br />applicabilÎty adopted pursuant to the City's lawful exercise of its public safety right-of- <br />way management authority, powers of local self-government and police powers in <br />accordance with Ohio law. <br /> <br />SECTION 9 <br />MISCELLANEOUS <br /> <br />9.1 Authorization Granted on Tenus More Favorable to the Provider. If, <br />during the term of this Agreement, the City grants an authorization for the provision of <br />video services similar to those authorized by this Agreement, and the terms and <br />conditions of such other authorization are such that, on balance, they are more favorable <br />or less burdensome to the provider of such video services than the terms and conditions <br />in this Agreement are to the Company, then the Company shall have a right to request <br />amendments to this Agreement that relieve the Company of regulatory burdens thàt <br />create a competitive disadvantage. In requesting amendments, the Company shall file a <br />petition with the City seeking to amend this Agreement. Such petitions shall: (i) identify <br />the basis for the Company's bèlief that certain provisions of this Agreement place the <br />çompany at a competitive disadvantage to another video service provider, (ii) identify <br />the regulatory burdens to be amended or repealed in order to eliminate such competitive <br />disadvantage, and (ill) may propose other remedies to alleviate any competitive <br />disadvantage to the Company. The City shall not unreasonably deny the Company's <br />petition. <br /> <br />477196·2 <br /> <br />17 <br />
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