Common use of Connection of Public Facilities Clause in Contracts

Connection of Public Facilities. As voluntary initiative, Grantee shall, at no cost to Grantor, provide at least one (1) outlet of Basic and expanded basic programming or its equivalent to all Grantor’s buildings, as designated by the Grantor, and all libraries and Schools passed by the Cable System within the Franchise Area, except for home schools and buildings or facilities housing jail populations. In addition, Grantee shall provide, at no cost to the Grantor or other agency, one (1) outlet of Basic and expanded basic programming or its equivalent to all future public buildings passed by the Cable System within the Franchise Area if the drop line to such building does not exceed one- hundred twenty-five (125) cable feet or if Grantor or other agency agrees to pay the incremental cost of such drop line in excess of one-hundred twenty-five (125) cable feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings at the cost of Grantor or agency, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. The Cable Service provided in this Section shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The Grantor shall take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in the inappropriate use thereof or any loss or damage to the Cable System. The Grantor shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this Section. If additional outlets of Basic Cable and expanded basic service and other services are provided to such buildings, the building owner/occupant shall pay Grantee’s usual installation and service fees.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Connection of Public Facilities. (A) As voluntary initiative, Grantee shall, at no cost to Grantor, provide at least one one (1) outlet of Basic and expanded basic programming or its equivalent to all Grantor’s buildings, as designated by the Grantor, and all libraries and Schools passed by the Cable System within the Franchise Area, except for home schools and buildings or facilities housing jail populations. In addition, Grantee shall provide, at no cost to the Grantor or other agency, one (1) outlet of Basic and expanded basic programming or its equivalent to all future public buildings passed by the Cable System within the Franchise Area if the drop line to such building does not exceed one- hundred twenty-five (125) cable feet or if Grantor or other agency agrees to pay the incremental cost of such drop line in excess of one-hundred twenty-five (125) cable feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings at the cost of Grantor or agency, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. The Cable Service provided in this Section shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The Grantor shall take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in the inappropriate use thereof or any loss or damage to the Cable System. The Grantor shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this Section. If additional outlets of Basic Cable and expanded basic service and other services are provided to such buildings, the building owner/occupant shall pay Grantee’s usual installation and service fees. (B) The parties acknowledge that as of the Effective Date of this Franchise agreement, Grantee continues to provide Complimentary Services to certain schools, libraries, and public institutions within the Franchise Area. In the event Grantee elects, to the extent permitted by applicable laws, to charge the marginal cost to Grantee of providing Complimentary Services, Xxxxxxx agrees that it will do so only after providing Grantor with one hundred twenty (120) days’ prior written notice. Xxxxxxx agrees not to unfairly or unreasonably discriminate against the Grantor with respect to other Washington served local franchising authorities, with respect to the deduction or calculation of costs for Complimentary Services. The Grantor shall have the right to have all or a portion of the Complimentary Services provided by the Grantee discontinued, directly billed to the recipient, or offset against franchise fee payments, in the event Grantee elects to impose a charge against the Grantor for the Complimentary Services as set forth in the preceding paragraph.

Appears in 1 contract

Samples: Cable Television System Franchise Renewal Agreement

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Connection of Public Facilities. As voluntary initiative, Grantee shall, at no cost to Grantor, provide at least one (1) outlet of Basic basic and expanded basic programming digital economy tier (or its equivalent functional equivalent) Programming to all Grantor’s buildingseach and every public use building, as designated by the Grantor, and all libraries and Schools passed by the Cable System within the Franchise Area, except for home schools and Schools. Those portions of buildings or facilities housing prison/jail populationspopulations shall be excluded from this requirement. In addition, Grantee shall Xxxxxxx agrees to provide, at no cost to the Grantor or other agencycost, one one (1) outlet of Basic basic and expanded basic programming digital economy tier (or its equivalent functional equivalent) Programming and one (1) DTA box to all such future public buildings passed by the Cable System within the Franchise Area if the drop line to such building does not exceed one- one hundred and twenty-five (125) cable feet or if Grantor or other agency agrees to pay the incremental cost of such drop line in excess of one-one hundred twenty-five (125) cable feet, including the cost of such excess labor and materials. Outlets of Basic basic and expanded basic programming digital economy tier (or its functional equivalent) Programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings at the cost of Grantor or agencybuildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. The Cable Service Cost for any additional outlets shall be the responsibility of Grantor. With the exception of outlets provided to schools and libraries, fire stations, emergency response locations (e.g., police stations, emergency operations centers (EOC), 9-1-1 dispatch center, etc.), and all other outlets provided to Grantor on the effective date of this Agreement, Grantee does not waive any rights it may have regarding complimentary service under Federal law or regulation for any outlets as provided for in this Section shall not be used for commercial purposes, and such outlets shall not be located in areas open section. Subject to the public. The Grantor shall take reasonable precautions applicable law, should Grantee elect to prevent offset governmental complimentary services for any use of the Grantee's Cable System outlets, not included in any manner that results in the inappropriate use thereof or any loss or damage to the Cable System. The Grantor shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this Section. If additional outlets of Basic Cable and expanded basic service and other services are provided to such buildings, against franchise fees, Grantee shall first provide the building owner/occupant shall pay Grantee’s usual installation and service feesGrantor with ninety (90) days’ prior notice.

Appears in 1 contract

Samples: Cable Television Franchise Agreement

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