RES 85497 - Laserfiche WebLink

1.5 Franchise Not Exclusive. This franchise shall not be construed as any limitation upon the right of Grantor, through its proper officers, to grant to other persons or corporations rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other streets and public ways or public places by franchise, permit or otherwise, provided, however, that such additional grants shall not operate to materially modify, revoke or terminate any rights granted to Grantee herein. 1.6 Franchise Acceptance. The Grantee, by executing this Agreement, guarantees performance by Grantee of all of Grantee's obligations hereunder imposed by Ordinance No. 1224 and this Agreement. 1.7 Other Communities. It is recognized that the cable television system serving the City of Pleasanton also serves the Cities of Livermore, Dublin, and San Ramon and unincorporated areas of Alameda County. Some requirements of this franchise may be consolidated with like provisions of one or all of the franchises granted by the other jurisdictions. 2. DEFINITIONS For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions contained in Ordinance No. 1224 are incorporated herein as fully set forth. 2.1 "Agreement" or "Franch~s.e Agreement" means this agreement and any amendments or renewals thereof. 2.2 "Grantee" means Viacorn Cablevision, or any person or entity who or which succeeds Viacom Cablevision in accordance with the provisions of this Franchise. 2.3 "Granto. r" or "City" means the City of Pleasanton or its delegate a~'ting within the scope of its jurisdiction. 2.4 "Sec.tio, n" means any section, subsection or provision of this franchise agreement. 2.5 "S~;stem Upgrade .Cons~truction" means construction, expansion or upgr~ding of the ex~tiAg cable television system in accordance with the provisions of this Agreement. 2.6 "~Upgrad~d Servic~e" means the level of service provided to subscribers subsequent to the upgrading and/or expansion of the s ys tem.