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do so. However, the City and Grantee acknowledge that QC owns and operates <br /> facilities in the Rights-of-Way which will be utilized by Grantee to provide Cable <br /> Services. So long as QC does not provide Cable Service to Subscribers in the City, <br /> QC will not be subject to applicable law and the terms and conditions contained in <br /> this Franchise. QC's installation and maintenance of facilities in the Rights-of- <br /> Way is governed by applicable local, state and federal law. To the extent Grantee <br /> constructs and installs facilities in the Rights-of-Way, such facilities and operation <br /> of such facilities will be subject to the terms and conditions contained in this <br /> Franchise. The City and Company agree that to the extent QC violates any <br /> applicable federal, state, or local laws, rules, and regulations, the City shall seek <br /> compliance directly from QC. In the event, the City cannot resolve these violations <br /> or disputes with QC, the City may look to Grantee to ensure such compliance. <br /> Failure by Grantee to ensure QC's or any other Affiliate's compliance with <br /> applicable local, state and federal laws, rules, and regulations shall be deemed a <br /> material breach of this Franchise by Grantee. <br /> 2.2.2 Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be <br /> used by the Grantee if the City determines that such use is inconsistent with the <br /> terms, conditions, or provisions by which such Right-of-Way was created or <br /> dedicated,or with the present use of the Right-of-Way. <br /> 2.2.3 This Franchise and the right it grants to use and occupy the Rights-of-Way shall <br /> not be exclusive and this Franchise does not, explicitly or implicitly, preclude <br /> the issuance of other franchises or similar authorizations to operate Cable <br /> Systems within the City. Provided, however, that the City shall not authorize or <br /> permit another Person to construct, operate or maintain a Cable System on material <br /> terms and conditions which are,taken as a whole,more favorable or less burdensome <br /> than those applied to the Grantee. <br /> 2.2.4 This Franchise authorizes only the use of Rights-of-Way. Therefore, the grant <br /> of this Franchise and the payment of franchise fees hereunder shall not exempt <br /> the Grantee from the obligation to pay compensation or fees for the use of City <br /> property, both real and personal, other than the Rights-of-Way; provided, however, <br /> that such compensation or fees are required by City ordinance, regulation or policy <br /> and are nondiscriminatory. <br /> 2.2.5 Should any other multichannel video programming distributor ("MVPD") over <br /> which the City has regulatory jurisdiction provide Cable Service in the current Cable <br /> Service area, the City shall not grant more favorable terms, taken as a whole, to such <br /> MVPD than are granted to the Grantee. In the event that another Person operates a <br /> Cable System authorized by the City on terms and conditions that are, taken as a <br /> whole, more favorable or less burdensome than the terms and conditions applicable <br /> to the Grantee under this Franchise, the City shall adjust any such terms and <br /> conditions in any other Person's authorization or this Franchise so that the terms <br /> and conditions under which such Person operates, taken as a whole, are not more <br /> favorable or less burdensome than those that are applied to the Grantee. <br /> 2.3 Lease or Assignment Prohibited. <br /> 7 <br /> 489232v1 RJV QU210-6 <br />