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I <br />I <br />I <br />I <br />I <br />i <br />i <br />I <br />I <br />! <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Memurandm <br />9eDte~ber 15, 1983 <br />Pa~e Three <br /> <br />Also, Group Wproposed to offer its subscribers a burgular/fire alarm andrmdi- <br />cal alert svstem v~ich it specifically stated in Form I, Page 9 of 32would be <br />available inmediately as each portion of the cable network is activated. At <br />Form I, Page 10 of 32 Oroup Wstated in response to a request for Group W to <br />"describe any other headend electronic and/or subscriber te-ninal equi[rnent that <br />will be initially (,in original) installed or offered for inn~diate (in original) <br />installation. Indicate firm dates for the introduction Of any services <br />that are described'but v~ich are not to be initially available.": <br /> <br />In addition to the burgular/fire alarm syst~, Telepranpter of Quad Cities, <br />Inc., w/ll be offering its Ouad Cities residential subscribers a r~rnotemeter- <br />readin~ svst~n, a pay-per-view channel and a peak-load energy-management system. <br />It will also be offering /ts institutional subscribers a~SYSqEVIand a <br />· eleDrcrroter Business Coununications Network. <br /> <br />To the best of our records, Group W ~xr~nunieations has been in possession of a <br />Lease for the headend facility in Anoka since Nov~nber 1, 1982. <br /> <br />II. LF~'~ CI~IDEHATI~~ISE A(~ <br /> <br />q'he Franchise Agreement states in relevant part: <br /> <br />Article XIV~ Section 2.B. <br /> <br />Upon aeceotance of this Franchise, Grantee shall be bound by all terms <br />and conditions contained herein. Grantee shall provide all services <br />and offerings specifically set forth in the Offering to provide cable <br />eormunieations service within the city and other cities included in or <br />a part of a joint svstem; and, by its acceptance of this Franchise, <br />Grantee specifically agrees that the Offering of Grantee, including all <br />Drcmises, offers, representations and indueenents contained therein, is <br />specifieall~ incorporated by reference and rmde a part of this <br />Franchise. The failure to refer to the Offering and any specific pro- <br />visions of this Franchise shall not be a limitation on the obligation <br />of the Grantee to fully eamplywith the Offering. Grantee further <br />acknowledges that all prcmises, offers, representations and induc~mnts <br />contained in the Offering of Grantee were freely and voluntarily rmde <br />to the City by Grantee. <br /> <br />Article II~ Section 3. Agreement <br /> <br />A. Grantee agrees to be bound by all the terms and conditions of this <br /> Franchise. <br /> <br />The Grantee also agrees to provide all services specifically set <br />forth in, and to eanply with ail provisions of, its Offering to <br />provide a syst~nwithin the boundaries of City. Further, failure <br />of Grantee to provide a Syst~nas described in its Offering at <br /> <br /> <br />