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4.1 GRANT.
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<br /> A. GRANT. In the event that County shall grant to the Grantee a
<br />nonexclusive, revocable Franchise to construct, operate, and maintain a Cable
<br />Television System within the County, said Franchise shall constitute both a right and an
<br />obligation to provide the services of a Cable Television System as regulated by the
<br />provisions of this Ordinance and the Franchise.
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<br /> B. EVENT OF CONFLICT. The Franchise shall be granted under the
<br />terms and conditions contained herein, consistent with the County's Charter and/or
<br />other applicable statutory requirements. In the event of conflict between the terms and
<br />conditions of this Ordinance, the Franchise, or the terms and conditions on which the
<br />County can grant a Franchise, the Charter and/or statutory requirements shall control.
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<br /> C. GENERAL COUNTY ORDINANCES. Any Franchise granted by the
<br />County is hereby made subject to the general ordinance provisions now in effect and
<br />hereafter made effective. Nothing in the Franchise shall be deemed to waive the
<br />requirements of the various codes and ordinances of the County regarding permits, fees
<br />to be paid, or manner of construction.
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<br /> 4.2 FRANCHISE AREA. The Franchise area shall be the entire County, or
<br />portions thereof, for which a Franchise is granted.
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<br /> 4.3 USE OF PUBLIC RIGHTS OF WAY. For the purpose of operating
<br />and maintaining a Cable Television System in the County, the Grantee may erect,
<br />install, construct, repair, replace, reconstruct and retain in, on, over, under, upon,
<br />across and along the public streets and ways within the County such wires, cables,
<br />conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
<br />attachments and other property and equipment as are necessary to the operation of the
<br />Cable Television Systems, provided, however, that Grantee complies with all design,
<br />construction, safety, and performance provisions contained in this Ordinance, the
<br />Franchise Agreement, and other applicable local ordinances. Prior to placing any
<br />facilities on County poles or in County conduit, the Grantee shall obtain separate pole
<br />use agreements from the County.
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<br /> 4.4 USE OF COUNTY FACILITIES. The Grantee may, with the
<br />agreement of the County, use County-owned conduit or other facilities for any portion
<br />of its Cable Television System, The consideration for the use of County conduit or
<br />other facilities shall be as stated in a contract for such usage. A fair and reasonable fee
<br />for the use of County facilities shall be established in a contract for such usage, and
<br />may be adjusted at the periodic performance evaluations. The County shall indemnify
<br />and hold Grantee harmless from any claim or action found to be caused by the
<br />intentional or negligent act or omission of County, its employees, agents, or
<br />subcontractors.
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