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With copies to: Chair, Sherburne/Wright Counties Cable Communications Commission <br />c/o City of Buffalo <br />212 Central Avenue <br />Buffalo, MN 55313 <br />If to Grantee: Tekstar Communications, Inc. <br />ATTN: Legal Department <br />150 Second Street SW <br />Perham, MN 56573 <br />Such addresses may be changed by either party upon notice to the other party given as provided in <br />this Section. <br />SECTION 2. GRANT OF FRANCHISE <br />Section 2.1 Grant. <br />a. Grantee is authorized to erect, construct, operate and maintain in, along, across, above, <br />over and under the Rights -of -Way, now in existence and as may be created or established during the <br />term of this Franchise any poles, wires, cable, underground conduits, manholes, and other conductors <br />and fixtures necessary for the maintenance and operation of a Cable System in the City. Nothing in <br />this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable <br />System that is not prohibited by federal, state or local law. <br />b. This Franchise is granted pursuant to the Cable Ordinance, in all cases subject to and without <br />waiving applicable law. This Franchise is a contract and except as to those changes which are the result <br />of the City's lawful exercise of its general police powers, the City may not take any unilateral action <br />which materially changes the explicit mutual promises in this contract. In the event of any conflict <br />between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise <br />shall govern. <br />C. This Franchise shall be nonexclusive and City may grant additional Franchises at any <br />time. The City will not grant an additional Franchise on terms and conditions more favorable or less <br />burdensome than those in this Franchise and Grantee shall have all rights provided by Section 14.4 of <br />the Regulatory Ordinance in the event an additional Franchise(s) is granted. The City may impose <br />additional terms and conditions in any additional Franchise. <br />d. The City shall comply with Section 14.4 of the Cable Ordinance in the event an <br />additional provider is legally authorized to provide Cable Service. <br />e. Grantee acknowledges the City's right to issue this Franchise. Upon acceptance of this <br />Franchise by Grantee as required by Section 8 herein, this Franchise shall supersede and replace any <br />previous ordinance or other authorization granting a Franchise to Grantee, and all rights, obligations <br />and claims under any previous Franchise are extinguished, except that the Grantee's obligation to <br />indemnify the City against claims that arose during the term of the previous Franchise shall continue <br />in full force and effect subject to applicable law. <br />DOCSOPEN\SH255\ 16\843960.v2-2/3/23 <br />