Common use of Connection of Public Facilities Clause in Contracts

Connection of Public Facilities. ‌ Grantee shall, at no cost to the Town, provide one outlet of Basic Service to all Town owned and occupied buildings, schools and public libraries located in areas where Grantee provides Cable Service, so long as these facilities are already served or are located within 150 feet from the distribution point on the Cable System from which cable service can be provided to these facilities. For purposes of this subsection, “school” means all State-accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of Town buildings where the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities). Outlets of Basic provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such Cable Service shall not be located in public waiting areas or used to entertain the public nor shall they be used in a way that might violate copyright laws. The outlets may only be used for lawful purposes. The Cable Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. Grantee is not required to provide free reception equipment for any complimentary account provided pursuant to this subsection. Grantee does not waive any rights under applicable law regarding complimentary service. Should Grantee elect to begin offsetting the value of complimentary service against franchise fees, Grantee shall first provide Franchise Authority with ninety (90) days prior written notice.

Connection of Public Facilities. ‌ Grantee shall, at no cost to the TownDistrict, provide one outlet of Basic Service to all Town District owned and occupied buildings, schools and public libraries located in areas where Grantee provides Cable Service, so long as these facilities are already served or are located within 150 125 feet from the distribution point on the Cable System from which cable service can be provided to these facilities. For purposes of this subsection, “school” means all State-accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of Town District buildings where the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities). Outlets of Basic Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such Cable Service shall not be located in public waiting areas or used to entertain the public nor shall they be used in a way that might violate copyright laws. The outlets may only be used for lawful purposes. The Cable Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. Grantee is not required to provide free reception equipment for any complimentary account provided pursuant to this subsection. Grantee does not waive any rights under applicable law regarding complimentary service. Should Grantee elect to begin offsetting the value of complimentary service against franchise License fees, Grantee shall first provide Franchise License Authority with ninety (90) days prior written notice.

Connection of Public Facilities. ‌ (A) Grantee shall, at no cost to the Town, provide one outlet of Expanded Basic Service to all Town owned and occupied buildings, schools and public libraries located in areas where Grantee provides Cable Service, so long as these facilities are already served or are the interconnection point on these facilities is located within 150 feet from the distribution point on the Cable System System, from which cable service Cable Service can be provided to these facilities. For purposes of this subsection, “school” means all State-accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of Town buildings where the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities). Outlets of Expanded Basic Service provided in accordance with this subsection may be used to distribute Cable Services Expanded Basic Service throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such Cable outlets of Expanded Basic Service shall not be located in public waiting areas or used to entertain the public nor shall they be used in a way that might violate copyright laws. The outlets may only be used for lawful purposes. The Cable Expanded Basic Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. Grantee is not required to provide free reception equipment for any complimentary account provided pursuant to this subsection. Grantee does not waive any rights under applicable law regarding complimentary service. Should Grantee elect to begin offsetting the value of complimentary service against franchise feesFranchise Fees, Grantee shall first provide Franchise Authority Town with ninety (90) days days’ prior written notice. (B) The Town acknowledges that the provision of one outlet of Expanded Basic Service to all Town owned and occupied buildings that are not schools and public libraries may be terminated by Grantee if a competitive cable operator with a franchise granted by the Town does not have a comparable franchise obligation. Additionally, Grantee reserves whatever rights it has under Applicable Law to deduct the value of the complimentary Expanded Basic Service it provides to Town owned and occupied buildings from its payment of Franchise Fees. The Town likewise reserves all rights it has under Applicable Law to assert the maximum calculation of Gross Revenues permitted under Section 1.26 of this Franchise and the manner in which the value of the complimentary Expanded Basic Service is calculated. Subject to Applicable Law, should Grantee elect to offset complimentary Expanded Basic Services provided to Town owned and occupied buildings against Franchise Fees, Grantee shall first provide the Town with ninety (90) days’ prior written notice. To the extent that the parties are engaged in good faith negotiations to determine the amount of an offset, if any, and such negotiations extend past ninety (90) days, no such offset shall be taken until the parties reach agreement or alternatively, until the matter is resolved through other legal means.

Connection of Public Facilities. ‌ ‌ (A) Grantee shall, at no cost to the Town, provide one outlet of Expanded Basic Service to all Town owned and occupied buildings, schools and public libraries located in areas where Grantee provides Cable Service, so long as these facilities are already served or are the interconnection point on these facilities is located within 150 feet from the distribution point on the Cable System System, from which cable service Cable Service can be provided to these facilities. For purposes of this subsection, “school” means all State-accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of Town buildings where the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities). Outlets of Expanded Basic Service provided in accordance with this subsection may be used to distribute Cable Services Expanded Basic Service throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such Cable outlets of Expanded Basic Service shall not be located in public waiting areas or used to entertain the public nor shall they be used in a way that might violate copyright laws. The outlets may only be used for lawful purposes. The Cable Expanded Basic Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. Grantee is not required to provide free reception equipment for any complimentary account provided pursuant to this subsection. Grantee does not waive any rights under applicable law regarding complimentary service. Should Grantee elect to begin offsetting the value of complimentary service against franchise feesFranchise Fees, Grantee shall first provide Franchise Authority Town with ninety (90) days days’ prior written notice. (B) The Town acknowledges that the provision of one outlet of Expanded Basic Service to all Town owned and occupied buildings that are not schools and public libraries may be terminated by Grantee if a competitive cable operator with a franchise granted by the Town does not have a comparable franchise obligation. Additionally, Grantee reserves whatever rights it has under Applicable Law to deduct the value of the complimentary Expanded Basic Service it provides to Town owned and occupied buildings from its payment of Franchise Fees. The Town likewise reserves all rights it has under Applicable Law to assert the maximum calculation of Gross Revenues permitted under Section 1.26 of this Franchise and the manner in which the value of the complimentary Expanded Basic Service is calculated. Subject to Applicable Law, should Grantee elect to offset complimentary Expanded Basic Services provided to Town owned and occupied buildings against Franchise Fees, Grantee shall first provide the Town with ninety (90) days’ prior written notice. To the extent that the parties are engaged in good faith negotiations to determine the amount of an offset, if any, and such negotiations extend past ninety (90) days, no such offset shall be taken until the parties reach agreement or alternatively, until the matter is resolved through other legal means.