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, , " t <br />?. <br />.?? <br />the wires shall be paid by the person requesting the same, and the GRANTEE shall <br />have the authority to require such payment in advance. The GRANTEE shall be given <br />not less than five (5) days advance notice to arrange for such temporary wire <br />changes. <br />(J) The City shall give the GRANTEE no less than forty-five (45) days (except <br />in case of emergency declared by the Mayor in which event such lesser notice as <br />shall be reasonable under the circumstances presented) advance written notice of <br />street improvements or other activity which coutd affect the Cable System, including <br />but not limited to, street or public way excavation; construction repair; regrading or <br />grading; traffic conditions; installation of sewers, drains or water pipes, power or <br />signal lines; tracks; vacation or improvement of public works. All such public works <br />shall be done, insofar as possible, in such a manner as not to obstruct, injure or <br />prevent the free use and operation of the poles, wires, conduits, conductors, pipes or <br />appurtenances of the GRANTEE's equipment. Nothing contained in this Agreement <br />shall relieve any person or entity from liability arising out of the failure to exercise <br />reasonable care to avoid interfering with the GRANTEE's facilities while performing <br />the public works. <br />SECTION V: <br />SERVICES AND FACILITIES; TECHNICAL STANDARDS <br />(A) Services and Facilities <br />1. The GRANTEE shall provide a minimum of (77) seventy-seven Usable <br />Activated Channels for immediate use once service is provided to Subscribers <br />pursuant to this Agreement. <br />2. Franchisee shall comply with applicable FCC Rules and Regulations <br />regarding Emergency Alert Systems (EAS) by providing the system capability to <br />transmit an emergency alert signal in the event of disaster or public emergency. <br />3. Support For Public Usage And Local Programming; Allocation Of <br />Resources <br />(a) Payment in lieu of Equipment and Services Being Provided by Incumbent <br />Cable Franchisee. In lieu of providing equipment or services duplicative <br />of those being provided by the incumbent cable franchisee to the City, <br />Franchisee will pay quarterly within 45 days of the last day of each <br />calendar quarter an amount equal to one-half of one percent (0.50%) of <br />Gross Revenues. <br />?