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Cablevision/Mayfield Village Franchise Agreement 2000 Page No. -15- (4) the method, if any, by which the System performance problem was resolved; (5) any other information pertinent to said tests and analyses. (e) As a result of an evaluation and review session, Grantor or Grantee may determine that a change in the System or in the terms of the Franchise Agreement may be appropriate. In that event, either Grantor or Grantee may propose modifications to the System or the Franchise Agreement. Grantee and Grantor shall, in good faith, review the terms of the proposed change and any proposed amendment to this Franchise Agreement and seek to reach agreement on such change or amendment provided that any such change or amendment shall be consistent with applicable law and shall be technically feasible and economically reasonable, and shall not materially adversely alter the'rights and duties of the parties under the Franchise Agreement. (f) Upon completion of the current system upgrade, Grantee shall keep the Cable Television System state-of--the-art and agrees that, subject to being economically and technically feasible, the Cable Television System will be comparable to any other Cable Television System owned, operated or managed by Grantee or its affiliates in Northern Ohio. It is Grantee's burden to show lack of technical or economic feasibility. In addition Grantee agrees as follows: (1) If, in any calendar year, Grantee or any of its, affiliates offers an average number of channels on any other cable television system(s) in Northern Ohio that exceeds the average number of channels that Grantee is then offering the Mayfield Village Cable Television System, the Grantor.shall have the right to request additional channels so that the average number of channels that Grantee offers on the Mayfield Village Cable Television System shall be at least ninety-five percent (95%) of the average number of channels that Grantee or its affiliates offer on any other cable television system(s) in Northern Ohio in any calendar year. The Grantor shall file a petition requesting additional channels; which petition shall identify the cable television system(s) in Northern Ohio on which Grantee or.any of its affiliates offer more channels than on the Mayfield Village Cable Television System. The Grantee shall-not unreasonably withhold granting the Grantor's petition for additional channels. 4 ARTICLE 4. SERVICES AND PROGRAMMING Section 28: Programming. (a) Broad programming categories. Grantee shall provide or enable the provision of at least the following broad categories of programming: (1) Educational programming; (2) News and information; - (3) Sports; M & M 1999 Page 15 oF28