Agmt00 RCN Telecom Services (now Astound)

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� � (a) any tax, fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and Cable Operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against Cable Operators or Cable Subscribers); (b) capital costs which are required by the Franchise to be incurred by Grantee for Public, Educational, or Governmental Access Facilities; (c) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (d) any fee imposed under Title 17, United States Code. 1.10 "Grantee" means any "Person" receiving a Franchise pursuant to this Agreement, and its lawful successor, transferee or assignee. 1.11 "Gross Annual Cable Service Revenues" means the annual gross revenues received by a Grantee from the operations of the Cable System within the City to provide Cable Service utilizing the Public Rights-of-Way for which a Franchise is required, excluding refundable deposits, rebates or credits, and any sales, excise or other taxes or charges imposed externally to the Franchise, and collected for direct pass-through to local, State or Federal government. 1.12 "Installation" means the connection of the System to Subscribers' terminals, and the provision of service. 1.13 "Normal Operating Conditions" means those service conditions which are within the control of Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of 4 sh/RWC/Council AGMT-382 FXS/fs OS/02/00