Agmt04 Astound Telecom Services - Laserfiche WebLink

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schedules. I. Within one hundred twenty (120) days after the Effective Date of Amendment No.1, Grantee shall provide Grantor with a written status report on the MJF Network installation, including progress to date and estimated completion date. J. The Grantor and SAMCAT may use the MJF Network for any data, PEG video or other communications services between and among Grantor, SAMCAT, San Mateo County, and the other Participating Cities, for governmental communications relating to the public health, safety and welfare. Upon reasonable written notice to Grantee, the Grantor, or any Grantor-designated entity, may use the MJF Network for any other lawful municipal or public purpose; provided, however, that the Grantor shall not use or permit the use of the MJF Network to provide any services that are in competition with services provided by Grantee over its network or facilities. The Grantor may solicit bids to provide services using the MJF Network, and Grantee shall be invited to respond to any such solicitation. K. Section 8.2 ("Force Majeure") of the Franchise Agreement shall be applicable to Grantee's obligations to construct the MJF Network pursuant to this Exhibit E, and Grantee's inability to obtain and incorporate into the MJF Network the Redwood City and San Carlos conduit and fiber described in Section A(1) of this 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 MJF Network shall be considered to be a cause or event beyond the Grantee's reasonable control. 9. This Amendment No. 1 represents a settlement between Grantor and Grantee of certain disputes and potential disputes arising out of Grantee's inability to meet the Cable System construction requirements of 5.1 (a) of the Franchise Agreement. As a settlement, Grantor agrees not to utilize Grantee's failure to meet the construction requirements as a criterion to deny franchise renewal. In any renewal proceedings, Grantor may consider other applicable criteria including, but not limited to, Grantee financial capability and compliance with non-construction schedule obligations of the Franchise Agreement. 10. Grantee reserves all of its rights under applicable law to seek certification as an Open Video System provider upon the expiration or termination of the Franchise Agreement, and neither Grantee'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