Future System Modifications Clause Samples

Future System Modifications. (a) From time to time, at the Issuing Authority's discretion but not more than once a year, the Issuing Authority shall hold a performance evaluation session. All such evaluation sessions shall be open to the public. The purpose of said evaluation session shall be, among other things to review Licensee's compliance with the terms and conditions of this license and to hear comments and suggestions from the public. At any evaluation session, if requested by the Issuing Authority in writing pursuant to subsection (d) below, Licensee shall report on improvements to the Cable System, and on relevant technology being used in its systems on a national basis. (b) At such evaluation session Licensee shall review with the Issuing Authority changes in relevant cable technology (as defined below) that might benefit Licensee's Subscribers. Such review may take into account relevant cable technology, the characteristics of the existing system, the benefits to Subscribers of any upgrade in relevant cable technology, the cost to Subscribers of any such upgrade, the technical feasibility of upgrading the existing system, the demand for such upgrade or change in technology, the remaining life of the license over which the cost of such upgrade would have to be amortized, Licensee's unamortized investment in the existing system, and additional factors that the Licensee or the Issuing Authority deem relevant. (c) If; based on the review of relevant cable technology, the Issuing Authority and the Licensee determine that an upgrade or change in the technology of the Cable System is necessary, the parties shall amend this license to establish the terms and conditions for an upgrade or change in relevant cable technology, provided that the term of this license shall not be changed by any such amendment. (d) For purposes of this section, "relevant cable technology" shall be defined as those technologies that the Licensee and the Issuing Authority in good faith agree to be included in this Renewal License, subject to 47 U.S.C. §§ 541(b) and 544(c). (e) Nothing in this section shall be deemed to prohibit Licensee from upgrading its system with any cable television technology at its own discretion. (f) At least 60 days prior to any such performance evaluation session and in order to provide Licensee with adequate time to prepare for such session, the Issuing Authority shall provide Licensee with a list of specific matters to be discussed at the session. At least 30 days prior to the s...