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Cablevision/Mayfield Village Franchise Agreement 2000 <br />Page No. -12- <br />has not corrected the same in a satisfactory manner, or has not diligently commenced correction <br />of such violation, the Council may impose liquidated damages, payable from the Performance <br />Bond or Letter of Credit, of up to Five Hundred Dollars ($500.00) per calendaz day or per <br />incident, for unexcused violations of the system construction, upgrade and/or rebuild completion <br />schedule provided in Section 20 herein, and up to Two Hundred Dollars ($200.00) per calendar <br />day or per incident for all other violations, provided that all violations of a similaz nature <br />occurring at the same time shall be considered one (1) incident. <br />Section 19. Annual Report. <br />In addition to the requirements of SectionQ~l5•Zy of the Codified Ordinances, Grantee <br />shall submit a written end-of-the-year report to Grantor of service, customer service, operational <br />and ownership changes. Such report shall be submitted within one hundred twenty (120) days of <br />the end of the calendar year. <br />ARTICLE 3. SYSTEM CONSTRUCTION UPGRADE/REBUILD <br />Section 20. Build or Rebuild. <br />(a) Grantee shall build or rebuild the Cable System, as appropriate, to provide a capacity <br />of a minimum of seventy-seven (77) channels of video programming. The construction of the <br />Cable System (or rebuilt Cable System) must be completed within Twenty Four (24) months <br />after the effective date of this Agreement, using a fiber optic infrastructure and fiber to node <br />architecture. Construction or reconstruction of the Cable System shall be in accordance with the <br />construction schedule attached hereto as Exhibit "C":and the architectural, configuration and <br />capacity shall be in accordance with Exhibit "D", both of,which are hereby incorporated herein. <br />(i) Grantee shall build its Cable Systems so that it is-capable of providing service to <br />all residences and businesses located along public rights-of--way within the <br />Franchise Area. This shall include service to the Upper 40 area, provided <br />Grantee does not have difficulty obtaining easement rights, free of any <br />additional costs associated with a nonstandard installation. Service to all <br />residences and businesses located along public rights of way within the <br />Franchise area and the Upper 40 area. will be provided at then-prevailing <br />installation charges except as provided below under the following <br />circumstances: <br />(a) Where the drop to the Subscriber location is not a Standard Installation (greater than <br />One Hundred Fifty (150) aerial feet from the Right-of--Way), in addition to the prevailing <br />installation charge, Grantee may charge the Subscriber the difference between Grantee's costs of <br />installing a Standard Installation and the cost of installing the non-standard Installation drop. <br />(b) It is understood that technology is changing rapidly. Therefore, Grantee may utilize <br />other technology in the rebuild if such technology upgrades the design and System capacity. <br />M & M 1999 Page 12 of 28 <br />