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`. ~:..ITY OF Nlir, H OLMSTED ~'
<br />,.ORDINANC•E N0. 80-29 1
<br />' PAGE 3
<br />(j) County. "County" shall mean the County of Cuyahoga.
<br />(k) Federal Communications Commission; F.C.C. "Federal Com-
<br />-_
<br />munications Commission" or "F.C.C." shall mean that administrative
<br />agency of the Federal government responsible for cable television
<br />regulation on a national level or its lawful successor.
<br />(1) Franchise. "Franchise" shall mean the permission, li-
<br />cense or authorization given hereunder to construct, operate and
<br />maintain a cable television system in the City.
<br />(m) Good Cause. "Good cause" shall represent that set of
<br />facts and circumstances which, in an individual case, a reasonable
<br />man would adjudge to be beyond the Grantee's reasonable control
<br />and which would, therefore, represent a justifiable excuse of per-
<br />formance. Depending on the facts and circumstances, good cause
<br />may include, but shall not be limited to, delays or interruptions
<br />arising from necessary utility changes, rearrangements, power out-
<br />ages, the fulfillment of governmental or regulatory restrictions
<br />or requirements, national emergency, uncontrollable material short-
<br />ages, fire, earthquake, or the elements and Acts of God.
<br />West Shore Cable TV (an Ohio
<br />(n) Grantee. "Grantee" shall mean T,im;taA Partnarahi~l
<br />its successors, transferees or assigns, the recipient of the fran-
<br />chise granted herein.
<br />(o) Gross Revenue. "Gross revenue" means any and all com-
<br />pensation, in whatever form, exchange or otherwise, derived from
<br />all cable services within the confines of the City of North Olmsted
<br />including, but not limited to, revenues from subscriber rates, pay
<br />cable, advertising, leased access channels, and installations, con-
<br />nection and reinstatement charges; provided, however, it does not
<br />include any taxes or services furnished by the Grantee imposed dir-
<br />ectly on any subscriber or user by a local, state or federal govern-
<br />mental unit and collected by the Grantee for such entity.
<br />(p) Law Director. "Law Director" shall mean the City's attorney
<br />or his assistants.
<br />(q) Local Educational Authorities. "Local educational author-
<br />ities" shall mean those individuals, groups, organizations or govern-
<br />mental entities responsible for providing primary or secondary educa-
<br />tion, public or parochial, within the City.
<br />(r) Normal Service
<br />mean the period between
<br />subscriber or a service
<br />following the receipt of
<br />or his representative is
<br />premises to be serviced.
<br />Interval. "Normal service interval" shall
<br />the time that the Grantee is notified by a
<br />deficiency and the second close of business
<br />such notice, provided that the subscriber
<br />available, during this period, at the
<br />(s) Person. "Person" shall mean any individual or association
<br />of individuals, or any firm, corporation or other business entity.
<br />(t) State. "State" shall mean the State of Ohio.
<br />(u) Street. "Street" shall mean the surface of and the space
<br />above and below any public street, road, highway, freeway, land,
<br />path, public way or place, alley, court, sidewalk, boulevard, park-
<br />way, drive or other easement now or hereafter held by the City for
<br />the purpose of public travel and shall include such other easements
<br />or rights-of-way as shall be now held or hereafter held by the City
<br />which shall, within their proper use and meaning, entitle the City
<br />and its Grantee to the use thereof for the purpose of installing
<br />or transmitting signals over poles, wires, cables, conductors,
<br />ducts, conduits, vaults, manholes, amplifiers, appliances, attach-
<br />ments and other property as may be ordinarily necessary and pertinent
<br />to a cable television system.
<br />(v) Substantial Uniformity. "Substantial uniformity" means
<br />having incorporated all terms and provisions of this Ordinance which
<br />may legally be contracted for between the City and Grantee into the
<br />acceptance instrument.
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