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<br /> ORIGINAL e <br /> AMENDMENT NO.1 TO CABLE SYSTEM FRANCHISE AGREEMENT <br /> BETWEEN THE CITY OF REDWOOD CITY AND <br /> RCN TELECOM SERVICES, INC. <br />The Cable System Franchise Agreement, effective August 28, 2000 (the <br />"Franchise Agreement"), between the City of Redwood City, California (the "City" <br />or "Grantor") and RCN Telecom Services, Inc., formerly RCN Telecom Services <br />of California, Inc. ("Grantee"), is hereby amended as follows: <br />1. This Amendment NO.1 shall become effective on the day that the last of <br />the Cities of Belmont, Burlingame, Millbrae, Redwood City and San Carlos have <br />executed similar Franchise amendments with Grantee ("Effective Date of this <br />Amendment No.1"). <br />2. Section 3.6(a) of the Franchise Agreement is deleted and replaced by the <br />following: <br /> Grantee shall indemnify, hold harmless, release and defend Grantor, its <br /> officers, employees and agents from and against any and all actions, <br /> claims, demands, damages, disability, losses, expenses including <br /> attorney's fees and other defense costs or liabilities of any nature that may <br /> be asserted by any person or entity, including Grantee, from any cause <br /> whatsoever arising from the granting or amending of the Franchise, or <br /> from the activities of Grantee, its subcontractors, employees and agents <br /> hereunder. Grantee shall be solely responsible and hold Grantor <br /> harmless from all matters relative to payment of Grantee's employees <br /> including, but not limited to, compliance with Social Security and <br /> withholding requirements. <br />3. Sections 3.7(a) and 3.7(b) ("Security Fund") of the Franchise Agreement <br />are deleted and replaced by the following: <br /> (a) As of the Effective Date of Amendment No.1, Grantee shall establish <br /> to the account of Grantor, either an irrevocable letter of credit, acceptable <br /> to Grantor's City Attorney, or a cash deposit in a local bank, in the amount <br /> of Fifty Thousand Dollars ($50,000)(the "Incentive Fund"). <br /> (b) For each year, starting from the Effective Date of Amendment No.1, <br /> during which Grantee fails to complete Significant Cable System <br /> Construction, Grantor may withdraw Ten Thousand Dollars ($10,000) from <br /> the Incentive Fund. For example, if Grantee has failed to complete <br /> Significant Cable System Construction by the Effective Date of this <br /> Page 1 of 10 <br />