Ord04 2275 - Laserfiche WebLink

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schedules. I. Within one hundred twen~y (120) days after the Effective Date of Amendment No.1, Grantee sh~1I provide Grantor with a written status report on the MJF Network inst~lIation, including progress to date and estimated completion date. J. The Grantor and SAMC~T may use the MJF Network for any data, PEG video or other communications services between and among Grantor, SAMCAT, San Mateo ¢ounty, and the other Participating Cities, for governmental communications relating to the public health, safety and welfare. Upon reasonable writtén notice to Grantee, the Grantor, or any Grantor-designated entity, may µse the MJF Network for any other lawful municipal or public purpose; prdvided, however, that the Grantor shall not use or permit the use of the MJ* Network to provide any services that are in competition with services provided by Grantee over its network or facilities. The Grantor may soliqit bids to provide services using the MJF Network, and Grantee shall be ipvited to respond to any such solicitation. ! K. Section 8.2 ("Force MajeJre") of the Franchise Agreement shall be applicable to Grantee's obligati ,ns to construct the MJF Network pursuant to this Exhibit E, and Grantee's ~nability to obtain and incorporate into the MJF Network the Redwood Cityland San Carlos conduit and fiber ! described in Section A(1) of thisl Exhibit or to obtain from the Participating Cities or San Mateo County any¡ of the authorizations, permits or other right-of-way or building access permissions necessary to construct the MJ F Network shall be considerØd to be a cause or event beyond the Grantee's reasonable control. 9. This Amendment NO.1 represerlts a settlement between Grantor and Grantee of certain disputes and potent~al disputes arising out of Grantee's inability to meet the Cable System con~truction requirements of 5.1 (a) of the Franchise Agreement. As a settlement Grantor agrees not to utilize Grantee's failure to meet the construction requiretnents as a criterion to deny franchise renewal. In any renewal proceedings, t3rantor may consider other applicable criteria including, but not limited to, Grantee financial capability and compliance with non-construction schedule obligatiþns of the Franchise Agreement. 10. Grantee reserves all of its rights¡under applicable law to seek certification as an Open Video System provider upqn the expiration or termination of the Franchise Agreement, and neither Gra~tee's inability to complete construction nor any reduction in the Franchise term resulting therefrom shall be considered in connection with or prejudice the conversion of the Cable System to an Open Video System. In any application from Grantee to Grantor for an Open Video Page 7 of 10