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<br />2.02 City assumes no responsibility for securing any <br />franchise, rights-of-way, permits or easements which the City <br />does not already own, nor the making and maintaining of <br />attachments to the poles of other persons, nor for the obtaining <br />of permission to make attachments. This grant of authority is <br />subject to laws, ordinances, and regulations now in force or <br />which may later be enacted or promulgated by any governmental <br />body or agency having jurisdiction. City shall in no way be <br />~esponsible for the construction, operation, maintenance, <br />performance, or any other activity of Karnack or its system or <br />any part of it. <br /> <br />2.03 Karnack agrees to take any necessary precautions, <br />by the installation of protective equipment or otherwise, to <br />protect all persons and property against injury or damage that <br />may result from its installations or operations. If in City's <br />opinion, Karnack has not taken reasonable and necessary <br />precautions, within a reasonable time after City has notified it <br />in writing, City shall have the right by written notice to <br />Karnack to terminate this agreement. However, City shall not be <br />considered or held in any way responsible for the adequacy or <br />inadequacy of such precautions. <br /> <br />2.04 Non-Exclusive Grant. The rights and privileges <br />granted here shall not be exclusive, but the City reserves the <br />right to make a similar grant to any person any time. <br /> <br />2.05 Karnack agrees that no use of any property or <br />right by it, however extended, nor any payment made, nor any <br />other action or inaction by City or by Karnack shall create or <br />vest in Karnack any ownership or property right in any of the <br />real properties occupied or used or upon which Karnack has <br />undertaken an expense as a result of the exercise of the rights <br />and privileges enumerated in this grant. <br /> <br />3. <br /> <br />Indemnification and Waiver <br /> <br />3.01 Karnack agrees to indemnify and hold City <br />harmless from all claims, damages and liability which would not <br />have arisen but for the exercise by Karnack of its rights and <br />privileges in the construction and/or operation of Karnack's <br />cQmmunity antenna television system in the territorial area <br />involved. Karnack will defend at its own expense all actions <br />that may be commenced against the City for damages by reason of <br />the construction and/or operation of the system in the <br />territorial area involved. <br /> <br />4. <br /> <br />Equipment and Operation <br /> <br />4.01 In order to provide adequate Civil Defense and <br />disaster service information, Karnack agrees to install a system <br />with the capability, equipment, facilities and personnel <br />necessary to enable local Civil Defense and Disaster Authorities <br />to interrupt all broadcasting for the purpose of audio <br />announcements. This equipment is to be located in the City of <br />San Marcos Emergency Operating Center. No charge is to be made <br />for these services and equipment. <br /> <br />4.02 Karnack shall provide channels for use by local <br />governmental and educational entities in the number mandated by <br />F,C,C, requirements. Included in the channels provided under <br />this paragraph, Karnack will make available up to but not <br />exceeding 12 megahertz (12 MHz) of the Cable Television spectrum <br />below 50 megahertz (50 MHz) of the Cable Television band. <br /> <br />4.03 Karnack may insert alternate programming on the <br />channels selected under 4.02 herein when they are not otherwise <br />in use. City may advertise on Karnack's character generated <br />local bulletin board, free of charge, as time is available. <br /> <br />- Page 2 - <br />