Southtowns Record

Franchise Agrrement

Government
Town of Wales
Kind
Other
Topics
Public safety, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Text · page 3 of 14

SECTION 2
  Grant of Franchise

2.1  Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which
authorizes the Grantee to erect, construct, extend, operate and maintain in, upon, along, across,
above, over and under the Streets, now in existence and as may be created or established during
its terms, all Equipment, including the Cable System. Nothing in this Franchise shall be construed
to prohibit the Grantee from offering any service over its Cable System that is not prohibited by
federal or State law.

2.2  Term. The Franchise and the rights, privileges and authority hereby granted shall be for
an initial term of fifteen (15) years, commencing on the Effective Date of this Franchise as set
forth in Section 15.13.

2.3  Police Powers. The Grantee agrees to comply with the terms of any lawfully adopted
generally applicable local ordinance necessary to the safety, health, and welfare of the public, to
the extent that the provisions of the ordinance do not have the effect of limiting the benefits or
expanding the obligations of the Grantee that are granted by this Franchise. This Franchise is a
contract and except as to those changes which are the result of the Grantor’s lawful exercise of its
general police power, the Grantor may not take any unilateral action which materially changes the
mutual promises in this contract.

2.4  Restoration of Municipal Property. Any municipal property damaged or destroyed by
Grantee shall be promptly repaired or replaced by the Grantee and restored to serviceable
condition.

2.5  Cable System Franchise Required. No Cable System shall be allowed to occupy or use
the streets or public rights-of-way of the Franchise Area or be allowed to operate without a Cable
System Franchise.

  SECTION 3
  Franchise Renewal

3.1  Procedures for Renewal. The Grantor and the Grantee agree that any proceedings
undertaken by the Grantor that relate to the renewal of the Grantee’s Franchise shall be governed
by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute.

  SECTION 4
  Indemnification and Insurance

4.1  Indemnification. The Grantee shall, by acceptance of the Franchise granted herein, defend
the Grantor, its officers, boards, commissions, agents, and employees for all claims for injury to
any Person or property caused by the negligence of Grantee in the construction or operation of the
Cable System and in the event of a determination of liability shall indemnify and hold Grantor, its
officers, boards, commissions, agents, and employees harmless from any and all liabilities, claims,
demands, or judgments growing out of any injury to any Person or property as a result of the
negligence of Grantee arising out of the construction, repair, extension, maintenance, operation or
removal of its wires, poles or other equipment of any kind or character used in connection with the

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