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TCI COMMUNICATIONS
City of Pleasanton
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LONG TERM AGREEMENT
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TCI COMMUNICATIONS
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10/23/2008 12:34:08 PM
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11/19/2007 9:08:32 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/16/1996
LONG TERM AGREEMENTS - NAME
TCI COMMUNICATIONS
LONG TERM AGREEMENTS - TYPE
FRANCHISE AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
VIACOM
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upgrade construction in accordance with this Agreement, and where <br />Grantor, in accordance with the procedures of Section 10.2 has <br />found that the delay was within Grantee's reasonable control or was <br />reasonably foreseeable. <br />4.4 Delay in Construction. For any schedule in delay in <br />system upgrade construction that may occur, the burden of proof <br />shall be on the Grantee to demonstrate that such delay was beyond <br />its reasonable control or was not reasonably foreseeable. The <br />imposition by Grantor of any damages shall be in accordance with <br />the procedures set forth in Section 10.2 hereof. <br />4.5 Right of Inspection of Construction. Grantor shall have <br />the reasonable right to inspect all construction or installation <br />work performed subject to the provisions of the franchise and to <br />make such tests as are reasonably necessary to ensure compliance <br />with the terms of the franchise and other pertinent provisions of <br />law. <br />4.6 Provision of Residential Service. Grantee shall provide <br />all upgraded cable service to all residents of the City at standard <br />installation charges and monthly rates, in accordance with Exhibit <br />A. New occupied residences in active cable areas shall be offered <br />service within ninety (90) days after Grantee receipt of a request <br />for service. <br />4.7 Residences Outside Residential Areas. Grantee may <br />petition Grantor for relief from serving residences located in <br />primarily commercial or industrial areas, or residences isolated <br />from normal residential areas. Grantor shall not unreasonably deny <br />such relief. <br />5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS <br />5.1 Channel Capacity. The upgraded cable television system <br />shall be constructed to deliver forty (40) channels of video <br />programming. <br />Subsequent to the completion of the second System and Services <br />Review, in accordance with Section 5.7 of Ordinance No. 1224 , and <br />in accordance with Exhibits B and C, the Grantor may direct rantee <br />to expand the system capacity to the minimum levels indicated <br />below, based upon the number of services generally provided at that <br />time to comparable cable systems in other communities. <br />7 <br />
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