2000 037 Ordinance - Laserfiche WebLink

Home Browse Search

J Cablevision/Mayfield Village Franchise Agreement 2000 Page No. -18- Public, Educational, or Government (PEG) Access Channels to be allocated among non- commercial public, educational, and government usage as determined by Grantor. The channels designated for access shall be provided by Grantee as a part of the basic Cable Service and shall be subject to the terms and conditions contained in the Codified Ordinances. The Grantee shall be responsible for the administration of Public Access. (b) Grantor shall be responsible for the operation of transport facilities and equipment and may delegate from time to time its responsibilities to others who then shall assume the responsibility of Grantor in accordance with the Grantor's delegation as indicated in the Codified Ordinances. (c) Grantee shall provide one (1) installation of broadcast basic cable television service (exclusive ofpay-per-view and premium a la carte service) to the public facilities set forth in Exhibit E hereto and the newly acquired or constructed public facilities designated by Grantor as stated in the Codified Ordinances. (d) Upon execution of this Agreement, Grantee shall provide the Village with two sets of play back equipment as listed in Exhibit "G". The cost of such equipment shall not be passed on, directly or indirectly, to Subscribers. Section 33. Compliance with Federal Law. In accepting this Franchise Agreement, Grantee expressly agrees that the commitments indicated in Section 31 are knowingly, voluntazily and intelligently entered into and any commitments and/or payments will not .be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. Sec. 542), and such commitments and/or payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the compensation to be paid to the Village by Grantee pursuant to Section 11 hereof, or (ii) part of the compensation to be paid to the Village by Grantee pursuant to°Section 11 hereof. ARTICLE 6. REGULATION Section 34. Franchise Regulation. The Franchise granted under this Agreement shall be subject to regulation by Grantor in accordance .with all of the lawful provisions of the Codified Ordinances. In the event of any dispute between Grantee and Grantor regazding compliance with or any other aspect of the Codified Ordinances or the Franchise Agreement, both parties agree to cooperate with one another in good faith to assure as possible the smooth, continuous operation of the Cable System and provision of Cable Service of the highest possible quality to Subscribers. Section 35. Force Majeure. Neither Grantor nor Grantee shall be liable for damages or subject to penalty due to delay M & M 1999 Page 18 of 28