Common use of TECHNOLOGICAL AND SAFETY STANDARDS Clause in Contracts

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCE (a) In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, except as may be approved by the Issuing Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License is granted shall be done in conformance with all applicable laws, bylaws, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amended. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Town, wherever situated or located shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (e) The signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems. (f) Upon written notice from the Town, the Licensee shall remedy a general deficiency with respect to the technical standards described herein within three (3) months of receipt of notice and a safety deficiency within forty- eight (48) hours of receipt of notice and shall notify the Town when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCEMAINTENANCE [SEE M.G.L.c. 166A §5] (a) In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, except as may be approved by the Issuing Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License is granted shall be done in conformance with all applicable laws, bylawsbylaws of general applicability, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amended. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wireequipment, cable, fixtures, cable and other equipment wires in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all linesequipment, equipment cable and connections wires in, over, under, and upon streets, sidewalks, alleys, and public and private rights of ways and places of the Town, wherever situated or located shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (e) The signal of any television or radio broadcast station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems. (f) Upon written notice from the TownIssuing Authority, the Licensee shall remedy a general deficiency with respect to the technical standards described herein within three (3) months of receipt of notice and a safety deficiency within forty- forty-eight (48) hours of receipt of notice and shall notify the Town Issuing Authority when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCEMAINTENANCE‌ (a) In installing, operating and maintaining equipment, cable and wires, the Licensee Franchisee shall use commercially reasonable efforts to avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, Franchising Authority except as may be approved by the Issuing Franchising Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License Franchise is granted shall be done in conformance with all applicable laws, bylaws, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amendedand applicable State and local laws and ordinances. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Town, wherever situated or located shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (e) The signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing Subscriber locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's ’s rules and regulations as they apply to cable television systemsCable Systems. Upon written request by the Franchising Authority or its designee, Franchisee shall provide proof of compliance with FCC signal requirements. (d) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. Franchisee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town. (e) All structures and all lines, equipment and connections in, over, under, and upon Streets, sidewalks, alleys, and Private Roads and places of the Town, wherever situated or located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (f) The Town reserves the right to reasonably inspect all construction and installation work for compliance with applicable laws, codes, ordinances and regulations and with provisions of the Franchise through its code enforcement office. All inspections shall be at the expense of the Town. (g) All lines, cables and distribution structures and equipment, including poles and towers, erected by Franchisee within the Town shall be located so as not to obstruct or interfere with the proper use of Streets, and to cause minimum interference with the rights of property owners who abut any of such Streets, and not to interfere with the existing public utility installation. Except as otherwise permitted by Applicable Law, Franchisee shall have no vested right in a location except as granted herein by the Franchise, and such construction shall be removed by Franchisee at its own cost and expense whenever the same restricts or obstructs or interferes with the operation or location of said Streets, provided, however, that this standard shall apply to all persons and entities owning lines, cables, distribution structures, and equipment, and provided further that Franchisee shall not be required to remove any such construction solely to accommodate needs of competing Cable Systems. (h) Upon written notice from the Town, the Licensee Franchisee shall remedy a general deficiency with respect to the technical standards described herein within three fourteen (314) months days of receipt of notice and a safety deficiency within forty- forty-eight (48) hours of receipt of notice and shall notify the Town when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. ‌ SECTION 4.1 - SYSTEM MAINTENANCEMAINTENANCE‌ (a) In installing, operating and maintaining equipment, cable and wires, the Licensee Franchisee shall use best efforts to avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, Franchising Authority except as may be approved by the Issuing Franchising Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License Franchise is granted shall be done in conformance with all applicable laws, bylaws, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amendedand applicable State and local laws and ordinances. (c) The Cable System shall be constructed, operated and maintained so as to comply, at a minimum, with all FCC signal quality requirements. Upon written request by the Franchising Authority or its designee, Franchisee shall provide proof of compliance of FCC signal requirements. (d) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee Franchisee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the TownCity. (de) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public streets and private ways Private Roads and places of the TownCity, wherever situated or located located, shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (ef) The signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing Subscriber locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's ’s rules and regulations as they apply to cable television systemsCable Systems. (fg) The City reserves the right to reasonably inspect all construction and installation work for compliance with applicable laws, codes, ordinances and regulations and with provisions of the Franchise, and the City through its code enforcement office. All inspections shall be at the expense of the City. (h) All lines, cables and distribution structures and equipment, including poles and towers, erected by Franchisee within the City shall be located so as not to obstruct or interfere with the proper use of Streets, as defined herein, and to cause minimum interference with the rights of property owners who abut any of the said Streets, and not to interfere with the existing public utility installation. Except as otherwise permitted by Applicable Law, Franchisee shall have no vested right in a location except as granted herein by the Franchise, and such construction shall be removed by Franchisee at its own cost and expense whenever the same restricts or obstructs or interferes with the operation or location of said Streets, provided, however, that this standard shall apply to all persons and entities owning lines, cables, distribution structures, and equipment, and provided further that the Franchisee shall not be required to remove any such construction solely to accommodate needs of competing Cable Systems. (i) Upon written notice from the TownCity, the Licensee Franchisee shall remedy a general deficiency with respect to the technical standards described herein within three fourteen (314) months days of receipt of notice and a safety deficiency within forty- forty-eight (48) hours of receipt of notice and shall notify the Town City when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCE (a) In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, except as may be approved by the Issuing Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License is granted shall be done in conformance with all applicable lawsfederal, state or local bylaws/ordinances, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amended. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained by the Licensee so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Town, wherever situated or located shall at all times be kept and maintained by the Licensee in a safe and suitable condition and in good order and repair. (e) The signal Signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable Communications System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems. (f) Upon written notice from the Town, the Licensee shall remedy a general deficiency with respect to the technical standards described herein within three (3) months of receipt of notice and a safety deficiency within forty- eight (48) hours of receipt of notice and shall notify the Town when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCE (a) In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, except as may be approved by the Issuing Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License is granted shall be done in conformance with all applicable lawsfederal, state or local bylaws/ordinances, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amended. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Town, wherever situated or located shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (e) The signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable Communications System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems. (f) Upon written notice from the Town, the Licensee shall remedy a general deficiency with respect to the technical standards described herein within three (3) months of receipt of notice and a safety deficiency within forty- as soon as possible, but in no event more than forty-eight (48) hours of receipt of notice and shall notify the Town when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]

TECHNOLOGICAL AND SAFETY STANDARDS. SECTION 4.1 - SYSTEM MAINTENANCE (a) In installing, operating and maintaining equipment, cable and wires, the Licensee shall avoid damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing Authority, except as may be approved by the Issuing Authority if required for the proper installation, operation and maintenance of such equipment, cable and wires. (b) The construction, maintenance and operation of the Cable Communications System for which this Renewal License is granted shall be done in conformance with all applicable laws, bylaws, codes and regulations, including but not limited to OSHA, the National Electrical Safety Code, and the rules and regulations of the FCC as the same exist or as same may be hereafter changed or amended. (c) Operating and maintenance personnel shall be thoroughly trained in the use of all safety equipment and the safe operation of vehicles and equipment. All areas of the Cable Communications System shall be routinely inspected and maintained so that conditions that could develop into safety hazards for the public and/or operating and maintenance personnel can be corrected before they become a hazard. The Licensee shall install and maintain its wire, cable, fixtures, and other equipment in such a manner as shall not interfere with any installations of the Town or any public utility serving the Town. (d) All structures and all lines, equipment and connections in, over, under, and upon streets, sidewalks, alleys, and public and private ways and places of the Town, wherever situated or located shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. (e) The signal of any television or radio station carried on the Cable Communications System shall be carried without material degradation in quality at all subscribing locations within the limits imposed by the technical specifications of the Cable System and as set forth by the FCC. The Cable System shall be operated and maintained so as to comply with the technical standards set forth in the FCC's rules and regulations as they apply to cable television systems. (f) Upon written notice from the Town, the Licensee shall remedy a general deficiency with respect to the technical standards described herein within three (3) months of receipt of notice and a safety deficiency within forty- eight (48) hours of receipt of notice and shall notify the Town when the deficiency has been corrected. SECTION 4.2 - REPAIRS AND RESTORATION [SEE G.L.c. 166A 5(g)]] Whenever the Licensee takes up or disturbs any pavement, sidewalk or other improvement of any public or private way or place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the Licensee fails to make such restoration within a reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs, and shall notify the Licensee in writing of the restoration and repairs required and the time fixed for the performance thereof. Upon failure of the Licensee to comply within the time specified, the Issuing Authority may cause proper restoration and repairs to be made and the expense of such work shall be paid by the Licensee upon demand by the Issuing Authority.