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systems ("OV$"), Level 3 shall give City as much advance written notice az practicable, and will <br />give at least six (6) months' prior written notice of the intent to change the service provided by <br />way of the Fiber Optic Network Facilities installed under this Agreement, and that comply with <br />the City's lawful fee and/or franchise requirements not included in any OV$ agreement between <br />the City and Level 3, provided that in regards to commercial video programming, the prior written <br />notice to the Oity shall be thirty (30) days. Level 3 acknowledges that any expansion or change <br />in the character or nature of the Telecommunications $ervices may increase City's regulatory <br />authority over such services. The expansion or change in services may require Level 3 to enter <br />into a new Agreement with City consistent with the requirements of a hereinafter-enacted Oity <br />ordinance which may regulate such services or the expansion or change in services, if such <br />expansion or change in services falls under the lawful regulation, jurisdiction or authority of City. <br />Notwithstanding anything to the contrary or inconsistent herein, Level 3 shall not commence the <br />use of any OV$ until the OV$ agreement between the City and Level $ has been executed by <br />both parties, thereto. <br /> <br />6. No Franchise Rights 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 Ri.qhts. <br /> <br /> (a) The City and Level 3 respectfully disagree as to the City's legal ability to regulate <br /> <br />and to 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 />subject to this Agreement. Therefore, City reserves any and all rights it may have now or in the <br />future to legally regulate or otherwise condition the use of the fiber optics infrastructure and <br />technology and related activities and services to be provided pursuant to the installation subject <br />to this Agreement and Level 3 reserves any and all rights it may have now or in the future to <br />object to or otherwise challenge actions taken by the Oily to regulate or otherwise condition the <br /> <br />F:Atty/Agr.076 7 <br />100702 <br /> <br /> <br />