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�. z- ��� <br /> Network Facilities in Public Right-of-Way consists of business and residential <br /> Telecommunications Services, including, but not limited to, supplying wholesale bandwidth to <br /> telecommunications providers, which are presently permitted by Law. If the nature or character <br /> of MFN' service changes to include additional or alternative services, including but not limited <br /> to, community antenna television systems, commercial video programming, or open video <br /> systems ("OVS"), MFN shall give City as much advance written notice as practicable, and will <br /> give at least six (6) months' prior written notice of the intent to change the service provided by <br /> way of the Fiber Optic Network Facilities installed under this Agreement, and that comply with <br /> the City's lawful fee and/or franchise requirements not included in any OVS agreement between <br /> the City and MFN, provided that in regards to commercial video programming, the prior written <br /> � notice to the City shall be thirty (30} days. MFN acknowledges that any expansion or change in <br /> the character or nature of the Telecommunications Services may increase City's regulatory <br /> authority over such services. The expansion or change in services may require MFN to enter <br /> into a new Agreement with City consistent with the requirements of a hereinafter-enacted City <br /> ordinance which may regulate such services or the expansion or change in services, if such <br /> expansion or change in services falls under the lawful regulation, jurisdiction or authority of City. <br /> Notwithstanding anything to the contrary or inconsistent herein, MFN shall not commence the <br /> use of any OVS until the OVS agreement between the City and MFN has been executed by <br /> both parties, thereto. <br /> 6. No Franchise Riahts Created. Nothing in this Agreement shall be construed as <br /> granting or creating any franchise rights or related duties.. <br /> 7. Reservation of Riahts. The City is uncertain as to its legal ability to regulate and to <br /> impose taxes, charges and fees on the provision or use of fiber optics infrastructure and <br /> technology and related activities and services that may be provided pursuant to the installation <br /> A�rnt-409 <br /> f/sh/sh/Redwood <br /> F7{S:rg <br /> 10/OS/00 <br /> 7 <br />