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Ord 1988-048
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Ord 1988-048
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Last modified
9/18/2007 4:07:46 PM
Creation date
8/7/2007 12:55:25 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
1988-48
Date
6/27/1988
Volume Book
91
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<br />19. <br /> <br />Miscellaneous Provisions <br /> <br />19.01 Karnack shall not disclose personally <br />identifiable information concerning any subscriber without the <br />prior written consent of the subscriber concerned. Personally <br />identifiable information shall not include any record of <br />aggregate data which does not identify particular persons. <br /> <br />19.02 Karnack shall not hinder the retransmission of <br />a signal transmitted by any broadcast or non-broadcast service <br />for the benefit of the hearing impaired. <br /> <br />19.03 Karnack shall, when requested to by one <br />percent of its basic subscribership as determined on December 31 <br />of the previous year, conduct a survey of its subscribers to <br />consider any proposal to include or exclude programming optiorlJ. <br />Except that Karnack shall not be required to conduct a survey <br />more than once each calendar year. The survey will outline any <br />changes to subscriber rates and such other factors as Karnack <br />considers pertinent. The survey will be a scientific statistical <br />survey and will be used to make a business judgment based on the <br />response. <br /> <br />20. <br /> <br />Severability <br /> <br />20.01 If any section, sentence, clause, or phrase of <br />this grant is for any reason held to be illegal or <br />unconstitutional, such invalidity shall not affect the validity <br />of the remaining portion of this grant. <br /> <br />21. <br /> <br />Force Majeure Clause <br /> <br />21.01 If Grantee hereunder is rendered unable, by <br />force majeure, to carry out the terms of this franchise, other <br />than the obligation to make money payments, then upon written <br />notice to the City of the force majeure together with reasonable <br />particulars concerning it, Karnack's obligations under this <br />franchise shall be suspended during the continuance of the force <br />majeure. <br /> <br />21.02 During the time when the performance of any of <br />the things required under the terms of this agreement and during <br />the time when compliance with any term of this agreement is <br />interrupted, prevented or enjoined by reason of any order, <br />decree, rule or regulation of any court or government body having <br />jurisdiction in the promises, or by reason of any strike, <br />lockout, labor dispute, weather, act of God or other like force <br />majeure, Karnack shall be excused from compliance with the terms <br />of this agreement during such period and for a reasonable time <br />thereafter as may be necessary in the opinion of the City Council <br />to bring itself into compliance with the terms of the agreement. <br /> <br />22. <br /> <br />Effective Date <br /> <br />22.01 This agreement shall be in effect from and after <br />its passage by the City Council of San Marcos and its publication <br />in a newspaper of general circulation in the area as required by <br />the Charter of the City of San Marcos, Texas and after acceptance <br />by Karnack as provided in Section 23. <br /> <br />- Page 9 - <br />
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