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<br />11. Person means any person, firm, partnership, association, corporation, company or <br />organization of any kind. <br /> <br />12. Significant service interruption means a cable service outage lasting four continuous hours <br />or more to 1,000 or more of Grande's customers in the City. <br /> <br />13. Start-up date means the date on which Grande begins distributing television signals to any <br />customer through Grande's facilities. <br /> <br />14. Will is mandatory and not merely directory. <br /> <br />Words and phrases that are not defined in this section will have the meaning provided in the federal <br />Communications Act of 1934 as amended by the Cable Communications Policy Act of 1984, the Cable <br />Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of <br />1996, and if not so defined, will have their common and ordinary meaning. <br /> <br />Section 2. Grant of Franchise. <br /> <br />A. The City grants to Grande a franchise to construct, erect, operate and maintain Grande's facilities <br />in, across and above City right-of-way, subject to the terms of this Agreement. <br /> <br />B. The City grants this franchise only to the extent of the City's interest in the City right-of-way. In <br />granting this franchise, the City does not: <br /> <br />1. warrant title to any City right-of-way to Grande; <br /> <br />2. assume any responsibility for securing for Grande any City right-of-way the City does not <br />already own or control; <br /> <br />3. give to Grande any form of permission to make and maintain attachments to City utility poles, <br />or to use any City property other than City right-of-way; <br /> <br />4. make the City responsible in any way for the construction, operation, maintenance, or <br />performance of Grande's facilities, or for any other activity or obligation of Grande; <br /> <br />5. convey to Grande any ownership or property right in any City right-of-way occupied or used <br />by Grande regardless of any payments made by Grande to the City, nor any other action or inaction by <br />the City or by Grande; <br /> <br />6. grant to Grande any right or privilege lawfully within the jurisdiction of any other regulatory <br />body or agency; Grande will secure and hold all necessary licenses, permits and authorizations required <br />in order to install, operate and maintain Grande's facilities; or <br /> <br />7. grant to Grande the right to allow the use of Grande's facilities by another entity for any <br />service. Grande will not allow the use of Grande's facilities by another entity to provide any service <br />unless the entity warrants that it has obtained all authorizations required by the City for the use. <br /> <br />C. This franchise is not exclusive. The City reserves the right to make a similar grant to any person any <br />time. <br /> <br />Section 3. Protection of Persons and Property; Indemnification and Waiver; Insurance. <br /> <br />A. Grande will take all necessary precautions to protect all persons and property against personal injury <br />or property damage that may result from the installation, maintenance or operation of Grande's facilities. <br />If, in the City's opinion, Grande has not taken any such necessary precautions, the City may notify <br />Grande, and Grande will correct the situation within a reasonable time. Grande agrees, however, that it <br />is solely responsible for the installation, maintenance and operation of Grande's facilities, and the City <br />does not assume any such responsibility because of the City's actions or inactions regarding the <br />installation, maintenance or operation of Grande's facilities. <br /> <br />B. Grande agrees to hold harmless, indemnify and defend the City and its officers, agents and employees <br />from and against all claims, damages and liability, including fees of attorneys and expert witnesses, <br /> <br />C:\TEMP\Grande Franchise finaL doc <br /> <br />2 <br />