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<br />Network <br /> <br />Facilities <br /> <br />in <br /> <br />Public <br /> <br />Right-at-Way <br /> <br />consists <br /> <br />at <br /> <br />business <br /> <br />and <br /> <br />residential <br /> <br />Telecommunications Services, including, but not limited to, supplying wholesale bandwidth to <br /> <br />telecommunications providers, which are presently permitted by Law. If the nature or character <br /> <br />of MFN' service changes to include additional or alternative services, including but not limited <br /> <br />to, community antenna television systems, commercial video programming, or open video <br /> <br />systems ("OVS") , MFN shall give City as much advance written notice as practicable, and will <br /> <br />give at least six (6) months' prior written notice of the intent to change the service provided by <br /> <br />way of the Fiber Optic Network Facilities installed under this Agreement, and that comply with <br /> <br />the City's lawful fee and/or franchise requirements not included in any OVS agreement between <br /> <br />the City and MFN, provided that in regards to commercial video programming, the prior written <br /> <br />notice to the City shall be thirty (30) days. MFN acknowledges that any expansion or change in <br /> <br />the character or nature of the Telecommunications Services may increase City's regulatory <br /> <br />authority over such services. The expansion or change in services may require MFN to enter <br /> <br />into a new Agreement with City consistent with the requirements of a hereinafter-enacted City <br /> <br />ordinance which may regulate such services or the expansion or change in services, if such <br /> <br />expansion or change in services falls under the lawful regulation, jurisdiction or authority of City. <br /> <br />Notwithstanding anything to the contrary or inconsistent herein, MFN shall not commence the <br /> <br />use of any OVS until the OVS agreement between the City and MFN has been executed by <br /> <br />both parties, thereto. <br /> <br />6. No Franchise Riahts Created. Nothing in this Agreement shall be construed as <br /> <br />granting or creating any franchise rights or related duties.. <br /> <br />7. Reservation of Riahts. The City is uncertain as to its legal ability to regulate and to <br /> <br />impose taxes, charges and fees on the provision or use of fiber optics infrastructure and <br /> <br />technology and related activities and services that may be provided pursuant to the installation <br /> <br />Agmt-409 <br />f/sh/sh/Redwood <br />FXS:rg <br />10/05/00 <br /> <br />7 <br />