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226 <br /> <br />4.5 <br /> <br />4.6 <br /> <br />a franchise by the Board of Commissioners resolution shall <br />execute a franchise agreement agreeing to the terms and <br />provisions of the franchise ordinance, the proposal, and <br />any conditions or provisions that may be negotiated between <br />the County and the franchisee. In no event shall the terms <br />of the franchise agreement conflict with any provision of <br />this ordinance, FCC regulations, or other law. <br /> <br />At the minimum the franchise agreement shall contain re- <br />presentations by the franchisee that: <br /> <br />(a) It accepts and agrees to all of the provisions of this <br /> ordinance, and any supplementary specifications, as to <br /> construction, operation, or maintenance of the system, <br /> Which the County may include in the franchise agreement. <br /> <br />(b) It has examined all of the provisions of this ordinance <br /> and waives any claims that any provisions hereof are <br /> unreasonable, aribtrary or void. <br /> <br />(c) It recognizes the right of the County to make reasonable <br /> amendments to the franchise ordinance or franchise <br /> agreement during the term of the franchise, provided <br /> that no such change shall compromise the franchisee's <br /> ability to perform satisfactorily its obligations or <br /> rights under this ordinance or the franchise agreement. <br /> it further recognizes and agrees that the County shall <br /> in no way be bound to renew the franchise at the end of <br /> any franchise term. <br /> <br />(d) It acknowledges that its rights hereunder are subject <br /> to the police power of the County to adopt and enforce <br /> general ordinances necessary to the safety and welfare <br /> of the public; and it agrees to comply with all aPpli- <br /> cable general laws enacted by the County pursuant to <br /> such power. <br /> <br />In addition, the franchise agreement may contain specific <br />standards that will be met related to signal quality and <br />technical standards of construction, operation and main- <br />tenance of the system. <br /> <br />Pole Use: The franchisee is obligated to obtain pole space <br />and other facilities from the Board of Light & Water Com- <br />missioners, City of Concord, private utilities, and other <br />lawful users at its own expense and costs. <br /> <br />State of the Art: The franchisee shall upgrade its facilities, <br />equipment and service so that its system is as advanced as <br />the current state of production technol~ogy will allow. The <br />franchisee shall install additional channel capacity as re- <br />quired to keep channel capacity in excess of demand therefor <br />by users. At all times, the cable system shall be no less <br />advanced that any other system of comparable size and age <br />excepting only systems which are experimental, <br /> <br /> <br />