OVERBUILD STATUTE Sample Clauses

OVERBUILD STATUTE. Company acknowledges that there is an ----------------- existing cable television franchise operating in Municipality and Company is aware that Municipality is, or will soon be, negotiating a renewal of that existing franchise. Company also acknowledges that the existing cable television franchisee owns, operates and staffs a studio for Municipality's PEG Users and that it is Municipality's intent to continue to receive PEG support from the existing franchisee in substantially the same form and manner as exists today. Company recognizes that Municipality seeks to receive both PEG access and I-NET services from its cable operator(s) and, where there is more than one cable operator, it is unnecessary for each operator to provide both services. Company agrees that the PEG services and facilities being provided by the existing franchisee are comparable in value to the I-NET services and facilities the Company is obligated to provide pursuant to Section 6.5.1 of this Agreement. Company waives any claim that the provision of I-NET services and facilities as required by Section 6.5.1 of this Agreement, puts Company at a "competitive disadvantage" pursuant to 65 ILCS 5/11-42-11 so long as the existing franchisee is required to continue to provide substantially the same PEG services and facilities, or cash in lieu thereof, as is currently provided.
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OVERBUILD STATUTE. In the event the Village grants an additional franchise to use and occupy the Public Ways for the purposes of operating a Cable System, the additional franchise shall only be granted in accordance with applicable federal, state and local law.
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Related to OVERBUILD STATUTE

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