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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 /> <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 /> <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 /> <br /> 4.6 Provisioh of Residential Service. Grantee shall provide <br />all upgrad~d cabl~"service t~ 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 /> <br /> 4.7 Residences Outside Resi,~ential Areas. Grantee may <br />petition Grantor for relief ~rom 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.PERFOR~A.NCE' 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 /> <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 Grantee <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 /> <br /> <br />