Agmt00 RCN Telecom Services (now Astound)

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� � � 1.21 "Subscriber" or "Customer" or"Consumer" means any Person who or which elects to subscribe to, for any purpose, Cable Service provided by the Grantee by means of or in connection with the Cable System, and who pays the charges therefor. SECTION 2 GRANT OF FRANCHISE 2.1 Grant A Cable System Franchise is hereby granted to RCN Telecom Services of California, Inc. ("Grantee"), a corporation whose current ownership is indicated in Exhibit "A," subject to the terms and conditions of this Agreement. The Franchise grants the, authority, right and privilege, to construct, reconstruct, operate and maintain a Cable System within the streets and public ways in the City of Redwood City, and also provides the authority to offer to Subscribers any Cable Service and other services that legally may be offered, utilizing the facilities of Grantee's Cable System. 2.2 Right of Grantor to Issue Franchise Grantee acknowledges and accepts the present right of Grantor to issue a Franchise and Grantee agrees it shall not now or at any time hereafter challenge any lawful exercise of this right in any local, State or Federal court. This is not, however, a waiver of any constitutional or legal right or privilege on the part of the Grantee. 2.3 Effective Date The Franchise shall be effective thirty (30) days after the approval of this Agreement by the Council, provided that Grantee has filed with the City Clerk the executed Agreement and the required security fund and insurance certificates within said thirty (30) day period. If the filing of the executed Agreement, security 6 sh/RWC/Council AGMT-382 FXS/fs 08/02/00