Common use of State of the art Clause in Contracts

State of the art. (a) Comcast and the Township acknowledge that the technology of Cable Systems is an evolving field. Comcast’s Cable System in the Township shall be capable of offering Cable Services that are comparable to other Cable Systems owned and managed by Comcast or its Affiliated Entities in the County of Allegheny in the Commonwealth of Pennsylvania (“Comparable Systems”) pursuant to the terms of this section. The Township may send a written notice to Comcast, not to exceed one request every two (2) years, requesting information on Cable Services offered by such Comparable Systems. (b) If the identified Cable Services are being offered by Comcast and/or any of its Affiliated Entities to at least forty percent (40%) of the total Subscribers in the Comparable Systems, then the Township may require that Comcast make such Cable Services available in the Township. Should the Township determine that Comcast shall provide such comparable Cable Services, then the Township and Comcast shall enter into good faith discussions to negotiate a schedule for deployment of such Cable Services. The discussions shall take into consideration the benefits from the provision of such Cable Services, the cost of implementing the Cable Services in the Township, the technical and economic feasibility of implementing such improvements, and the impact, if any, on Subscriber rates. (c) The Township shall not initiate the procedures set forth under the preceding State-of-the-Art provisions or issue any related order if Comcast is subject to effective competition in the Township as expressly ordered in writing by the FCC and Comcast presents such written order to the Township.

State of the art. (a) Comcast Franchisee and the Township acknowledge that the technology of Cable Systems is an evolving field. ComcastFranchisee’s Cable System in the Township shall be capable of offering Cable Services that are comparable to other Cable Systems owned and or managed by Comcast Franchisee or its Affiliated Entities in the County of Allegheny in the Commonwealth of Pennsylvania (“Comparable Systems”) pursuant to the terms of this sectionSection. The Township may send a written notice to ComcastFranchisee, not to exceed one request every two (2) years, requesting information on Cable Services offered by such Comparable Systems. Within sixty (60) days of receiving such request, Franchisee shall provide the Township with information on any Cable Services that are offered in any of the Comparable Systems but not being offered in the Township, the percentage of total Subscribers in such Comparable Systems to whom such Cable Services are available, and when Franchisee anticipates making such Cable Services available in the Township. (b) If the identified Cable Services are being offered by Comcast Franchisee and/or any of its Affiliated Entities to at least forty twenty-five percent (4025%) of the total Subscribers in the Comparable Systems, then the Township may require that Comcast Franchisee make such Cable Services available in the Township. Should the Township determine that Comcast Franchisee shall provide commence provision of such comparable Cable Services, then the Township and Comcast Franchisee shall enter into good faith discussions to negotiate a schedule for deployment of such Cable Services. The discussions shall take into consideration the benefits from the provision of such Cable Services, the cost of implementing the Cable Services them in the Township, the technical and economic feasibility of implementing such improvements, and the impact, if any, on Subscriber rates. (c) The Township shall not initiate the procedures set forth under the preceding State-of-the-Art provisions or issue any related order if Comcast is subject to effective competition in the Township as expressly ordered in writing by the FCC and Comcast presents such written order to the Township.

State of the art. (a) Comcast and the Township Municipality acknowledge that the technology of Cable Systems is an evolving field. Comcast’s Cable System in the Township Municipality shall be capable of offering Cable Services that are comparable to other Cable Systems owned and managed by Comcast or its Affiliated Entities in the County of Allegheny Xxxxxxxxxxxx in the Commonwealth of Pennsylvania (“Comparable Systems”) pursuant to the terms of this section. The Township Municipality may send a written notice to Comcast, not to exceed one request every two (2) years, requesting information on Cable Services offered by such Comparable Systems. (b) If the identified Cable Services are being offered by Comcast and/or any of its Affiliated Entities to at least forty percent (40%) of the total Subscribers in the Comparable Systems, then the Township Municipality may require that Comcast make such Cable Services available in the TownshipMunicipality. Should the Township Municipality determine that Comcast shall provide such comparable Cable Services, then the Township Municipality and Comcast shall enter into good faith discussions to negotiate a schedule for deployment of such Cable Services. The discussions shall take into consideration the benefits from the provision of such Cable Services, the cost of implementing the Cable Services them in the TownshipMunicipality, the technical and economic feasibility of implementing such improvements, and the impact, if any, on Subscriber rates. The Municipality and Comcast acknowledge and agree that, if three (3) years or less are remaining in the Franchise term, then an extension of the Franchise term may be required as a condition to implementing any such improvements to the Cable System in order to provide Comcast with an ample opportunity to recoup its investment in any necessary improvements. (c) The Township Municipality shall not initiate the procedures set forth under the preceding State-of-the-Art provisions or issue any related order if Comcast is subject to effective competition Effective Competition in the Township Municipality as expressly ordered in writing by the FCC and Comcast presents such written order to the TownshipMunicipality.