Competitor Not Subject to Regulation by Grantor Sample Clauses

Competitor Not Subject to Regulation by Grantor. Potential competitors of the Grantee, including but not limited to wireless broadcasters, virtual multichannel video distributors, video dial tone providers, and direct broadcast satellite services, may not be franchised, or subject to regulation by the Grantor. If, at any time during the existence of this Franchise, Grantor issues or grants a cable franchise or other authorization to use the Streets for the construction, installation, and operation of a facilities based multichannel video programming distributor (MVPD) system to provide MVPD services to subscribers in the Franchise Area, under terms more favorable than those established for the Grantee under this Franchise (including but not limited to lesser channel capacity, lesser requirements to provide Public, Educational, or Government access, less onerous reporting requirements, less onerous customer notification requirements, less restrictive billing practices, less onerous customer service requirements, or less responsibility to pay a fee reasonably comparable to a franchise fee), then the Grantee shall be permitted to petition the Grantor, or its designated agent, for relief from such term(s), so that no provider of MVPD service shall receive an unfair competitive advantage. The Grantor, or its designated agent, shall not unreasonably refuse to grant the relief requested by the Grantee; provided, however, in considering such request of Grantee, the Grantor or its designated agent shall take into consideration all of the circumstances in existence at the time, including, but not limited to, the proportional relationship of the operations in the Franchise Area (such as size, subscriber base, and revenue), and Applicable Law that might stipulate different levels of requirements applicable to different multi-channel service providers. Additionally, with reference to the conditional relief set forth above in this Section 23.C (Competitor Not Subject to Regulation by Grantor), it is specifically understood and agreed by the Parties that Grantor shall not be‌ required to grant such relief to Grantee with respect to video services which Grantor is not authorized to regulate, or service providers from which Grantor is not authorized to require a franchise or other authorization for the provision of such video services, including but not limited to: (1) Over The Top (XXX) and other streaming video programming services offered to customers over the internet, or (2) video programming services offered primar...
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Competitor Not Subject to Regulation by Grantor. The Grantor recognizes that potential competitors of the Grantee, including but not limited to wireless broadcasters, virtual multichannel video distributors, video dial tone providers, and direct broadcast satellite services, may not be franchised, or subject to regulation by the Grantor. If, at any time during the existence of this Franchise, a competing multi-channel service, franchised as provided in the Cable Act, operates within the Franchise Area of the Grantor, under terms more favorable than those established for the Grantee under this Franchise (including but not limited to lesser channel capacity, lesser requirements to provide Public, Educational, or Government access, less onerous reporting requirements, less onerous customer notification requirements, less restrictive billing practices, less onerous customer service requirements, or less responsibility to pay a fee reasonably comparable to a franchise fee), then the Grantee shall be permitted to petition the Grantor, or its designated agent, for relief from such term(s), so that no provider of multi-channel service shall receive an unfair competitive advantage. The Grantor, or its designated agent, shall not unreasonably refuse to grant the relief requested by the Grantee; provided, however, in considering such request of Grantee, the Grantor, its designated agent, shall take into consideration all of the circumstances in existence at the time, including, but not limited to, Applicable Law that might stipulate different levels of requirements applicable to different multi- channel service providers.

Related to Competitor Not Subject to Regulation by Grantor

  • Certification Regarding Prohibition of Certain Terrorist Organizations (Tex Gov. Code 2270) Vendor certifies that Vendor is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Does Vendor certify? Yes, Vendor certifies Certification Regarding Prohibition of Boycotting Israel (Tex. Gov. Code 2271) If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement or any agreement with a TIPS Member under this procurement has value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Vendor certifies, where applicable, that neither the Vendor, nor any affiliate, subsidiary, or parent company of Vendor, if any, boycotts Israel, and Vendor agrees that Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory but does not include an action made for ordinary business purposes. When applicable, does Vendor certify? Yes, Vendor certifies 5 Certification Regarding Prohibition of Contracts with Certain Foreign-Owned Companies (Tex. Gov. 5 Code 2274) Certain public entities are prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant Vendor direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by a customer for product warranty and support purposes. Vendor certifies that neither it nor its parent company nor any affiliate of Vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this certification, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” Vendor certifies that Vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor. When applicable, does Vendor certify? Yes, Vendor certifies 5 Certification Regarding Prohibition of Discrimination Against Firearm and Ammunition Industries (Tex.

  • Termination by ICANN (a) ICANN may, upon notice to Registry Operator, terminate this Agreement if: (i) Registry Operator fails to cure (A) any fundamental and material breach of Registry Operator’s representations and warranties set forth in Article 1 or covenants set forth in Article 2, or (B) any breach of Registry Operator’s payment obligations set forth in Article 6 of this Agreement, each within thirty (30) calendar days after ICANN gives Registry Operator notice of such breach, which notice will include with specificity the details of the alleged breach, (ii) an arbitrator or court of competent jurisdiction has finally determined that Registry Operator is in fundamental and material breach of such covenant(s) or in breach of its payment obligations, and (iii) Registry Operator fails to comply with such determination and cure such breach within ten (10) calendar days or such other time period as may be determined by the arbitrator or court of competent jurisdiction.

  • Incorporation by Reference All terms, provisions and agreements set forth in the Standard Trust Terms (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in Article 2 of this Trust Agreement are inconsistent with the terms of the Standard Trust Terms, the terms set forth in Article 2 herein shall apply.

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