Franchise Not Exclusive. The rights granted by this Franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the City reserves the right to make or grant a franchise to any other person, firm, or corporation.
Franchise Not Exclusive. The Franchise granted herein is not exclusive. This Franchise shall not be construed as any limitation upon the right of the Grantor, through its proper officers, to grant to other persons or corporations, rights, privileges or authority the same as, similar to or different from the rights, privileges or authority herein set forth, in the same or other Streets and Public Ways or public places by franchise, permit or otherwise subject to the provisions of Section 13.12 herein.
Franchise Not Exclusive. This Franchise shall not be construed as any limitation upon the right of the County, through its proper offices, and in accordance with applicable law, to grant to other Persons rights, privileges, or authority similar to or different from the rights, privileges, and authority herein set forth, in the same or other Public-Rights-of- Way or public places or other places the Grantee is entitled to occupy by this Agreement, permit, or otherwise; provided, however, that such additional grants shall not operate to materially modify, revoke, or terminate any rights granted to the Grantee herein and shall be in accord with applicable law.
Franchise Not Exclusive. This franchise is not exclusive. The City expressly reserves the right to grant franchises to other persons or corporations as well as the right in its own name to use its streets for purposes similar to or different from those allowed to Grantee.
Franchise Not Exclusive. This franchise is not exclusive. The City reserves the right to grant rights or franchises to other persons, and reserves its own right as a municipality to use the Rights of Ways for the same or different purposes allowed Grantee hereunder, by franchise, permit or otherwise; provided, if the City grants any franchise for or otherwise permits the provision of Cable Services in Grantee's franchise area on terms that, taken as a whole, are materially less burdensome than this franchise contract, taking into account any difference in the number of subscribers served, the term of the Franchise and all other circumstances affecting the relative burdens, Grantee shall have the right to reopen this Franchise pursuant to Section 20 for the purpose of modifying only those terms of the Franchise that give rise to the material difference and only to the extent necessary to remove the material difference.
Franchise Not Exclusive. This franchise is not exclusive, and shall not be construed as a limitation on the City in granting rights, privileges and authority to other persons similar to or different from those granted by this Franchise, and constructing, installing, maintaining or operating any City-owned public utility subject to Section 17.1 and 2 hereof.
17.1 The Grantee acknowledges and agrees that the City reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Service Area; provided, the Parties agree that, within ninety (90) days of either party so requesting it, this Franchise shall be amended to include any material terms or conditions that the City has agreed to with, or obtained from, the new entrant, or provide relief from Grantee’s existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include, but are not limited to: Franchise Fees; insurance; System build-out requirements; security instruments; Public, Education and Government access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entity so long as the regulatory and financial burdens on each entity are materially equivalent. Video Programming services delivered over wireless broadband networks are specifically exempted from the requirements of this Section.
17.2 Notwithstanding any provision to the contrary, at any time that a wireline facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple Channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then Grantee may seek modification as per Section 17.1 above, or if the parties are not able to reach agreement on modification as provided in Subsection 17.1 above, then the term of Grantee’s Franchise shall upon ninety (90) days written notice from Grantee be shortened so that the Franchise shall be deemed to expire on a date six (6) months from the first day of the month following the date of Grantee’s notice.
Franchise Not Exclusive. The cable television franchise granted by this Agreement may not be construed to limit in any manner the right of Grantor, through its authorized officers and in accordance with applicable law, to grant to other individuals or entities, by franchise, permit, license, or otherwise, any rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets, public ways, public places, or other property that the Grantee is entitled to occupy; provided, however, that those additional grants will not operate to revoke, terminate, or materially and adversely affect any rights granted to Grantee by this Agreement. If the Grantee determines that the cumulative benefits and burdens of an additional franchise awarded to another cable operator are not comparable to those existing under this Agreement, and the Grantee is thereby placed at a competitive disadvantage, then Grantee may request the Grantor to modify one or more provisions of this Agreement in order to eliminate that competitive disadvantage. The parties will meet and confer for the purpose of reviewing Grantee's request. Any proposed modifications will be subject to the approval of the Grantor's City Council.
Franchise Not Exclusive. The rights granted by this Franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the Town reserves the right to make or grant a franchise to any other person, firm, or corporation. This Franchise shall take effect on January 28, 2021 (the “Effective Date”) and shall supersede any prior franchise grants to the Company by the Town. This Franchise shall terminate on January 27, 2041, unless extended by mutual consent.
Franchise Not Exclusive. The franchise granted pursuant to this Agreement shall not be construed as limiting the right of City, through its proper offices, and in accordance with the Ordinance and Applicable Law, to grant other franchises similar to or containing rights, privileges or authority different from the rights, privileges and authority herein set forth; provided, however, that such additional grants shall not be on terms and conditions more favorable or less burdensome to such new operator than those applied to Grantee, nor operate to materially modify, revoke or terminate any rights granted to Grantee herein and shall be in accord with the provisions of the Ordinance.
