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SECTION 2. <br /> <br />GRANT OF AUTHORITY AND GENERAL PROVISIONS <br /> <br />2.1 <br /> <br />2.2 <br /> <br />Grant of Franchise. <br /> <br />This Franchise is granted pursuant to the terms and conditions contained herein and in <br />applicable law. The Grantee shall comply with all provisions of this Franchise and <br />applicable laws, regulations and codes. Failure of the Grantee to construct, operate and <br />maintain a System as described in this Franchise, or to meet obligations and comply with <br />all provisions herein, may be deemed a violation of this Franchise. <br /> <br />Grant of Nonexclusive Authority,. <br /> <br />2.2.1 <br /> <br />Subject to the terms of this Franchise, the City hereby grants the Grantee the right <br />to own, construct, operate and maintain a System along the Rights-of-Way. The <br />grant of authority set forth in this Franchise applies only to the Grantee's provision <br />of Cable Service; provided, however, that nothing herein shall limit the Grantee's <br />ability to use the System for other purposes not inconsistent with applicable law or <br />with the provision of Cable Service; and provided further, that any local, State and <br />federal authorizations necessary for the Grantee's use of the System for other <br />purposes are obtained by the Grantee. This Franchise does not confer any rights <br />other than as expressly provided herein, or as provided by federal, State or local <br />law. No privilege or power of eminent domain is bestowed by this Franchise or <br />grant. The System constructed and maintained by Grantee or its agents pursuant to <br />this Franchise shall not interfere with other uses of the Rights-of-Way. The Grantee <br />shall make use of existing poles and other aerial and underground facilities <br />available to the Grantee to the extent it is technically and economically feasible to <br />do so. <br /> <br />2.2.2 <br /> <br />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 /> <br />2.2.3 <br /> <br />This Franchise and the right it grants to use and occupy the Rights-of-Way shall not <br />be exclusive and this Franchise does not, explicitly or implicitly, preclude the <br />issuance of other franchises or similar authorizations to operate Cable Systems <br />within the City. Provided, however, that the City shall not authorize or permit <br />another Person to construct, operate or maintain a Cable System on material terms <br />and conditions which are, taken as a whole, more favorable or less burdensome than <br />those applied to the Grantee. <br /> <br />2.2.4 This Franchise authorizes only the use of Rights-of-Way. Therefore, the grant of <br /> this Franchise and the payment of franchise fees hereunder shall not exempt the <br /> <br /> <br />