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(B)

Notwithstanding subsection (A) above, it is understood that nothing in this Agreement shall preclude or prohibit the City from enacting any ordinance, from time to time, in the interest of public health and safety, which may impact the Franchisee in its operation of the Cable System, as a proper exercise of the City’s police power.  Franchisee’s rights hereunder are subject to the reasonable exercise of such police power and in the event of any conflict between the provisions of this Agreement and any present or future exercise of the City’s police power, such conflict shall be resolved in favor of such police power.  All City acts undertaken pursuant to this Agreement shall be deemed discretionary, guided by the purpose and considerations of the public health, safety, and general welfare.

(C)

In addition to those matters required elsewhere in this Agreement, Franchisee expressly represents as follows:  Franchisee recognizes the right of the City, pursuant to the powers delineated in subsection (B) above, to make reasonable amendments to this Agreement during the term of this Agreement (or any renewal term) upon sixty (60) days’ notice to the Franchisee, except that no prior notice shall be required with respect to an emergency amendment.  Franchisee further recognizes that the City may issue reasonable compliance orders, with a reasonable compliance schedule and terms thereof, with or without notice.

SECTION 13:  CONSTRUCTION AND RECONSTRUCTION OF CABLE SYSTEM

(A)

Franchisee shall maintain its System to a minimum bandwidth of 750 MHz capacity.  The Cable System will be maintained and Channels activated as described in Exhibit A attached hereto and hereby incorporated as part of this Agreement.

(B)

The System will utilize a hybrid fiber-coaxial architecture.  In addition, the System will be designed with the capability to transmit return signals upstream in the 5-40 MHz spectrum.

(C)

Any construction or reconstruction undertaken under this Franchise shall be done in accordance with Chapter 10.27, Title 12 of the Spokane Municipal Code and all other applicable law.

SECTION 14:  RELOCATION AND CONSTRUCTION COSTS

In the event of the relocation, construction, reconstruction, Maintenance, repair, or use by the City of any of its facilities or Services now owned or hereinafter acquired (including but not limited to any park, Street, alley or other public place or any sewer, or electric, water, fire alarm, police communication, civil defense system or traffic control facilities or any part thereof), or in the event that access to any park, Street, alley or other public place to or from any property of the City is required, and it is reasonably determined by the City to be necessary to move, alter or relocate, either permanently or temporarily, any of the Franchisee’s property or part thereof on public property, public rights of way or public easements (including, but not limited to, posts, antennas, poles, wires, manholes, ducts, cables, conduits, electrical conductors, fixtures, appliances and appurtenances), in order for the City to relocate, construct, reconstruct, Maintain, repair, or use any such facility or Service, or to obtain access to or from such property, upon notice from the City, the Franchisee shall move, relocate or otherwise alter any such property or part thereof, at its sole cost and expense, and in accordance with reasonable

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