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<br />, " <br /> <br />" " <br /> <br />J <br /> <br />.. . <br /> <br />(1) Grantor shall notify Grantee of such <br />determination and request Grantee to offer such commercial <br />service on one of Grantee's channels. Grantee shall have <br />forty-five (45) days in which to agree or disagree on of- <br />fering such commercial service, or agree to lease one of the <br />channels assigned to the Grantee to a third party which <br />offers such commercial service. If Grantee has utilized all <br />of its channel capacity and is requested to lease pursuant <br />to this paragraph, it may lease a channel from Grantor for <br />such purpose. If Grantee agrees to offer such commercial <br />service, Grantee in its sole discretion may select the type <br />of commercial service and the channel upon which it will be <br />offered. If Grantee agrees to lease such channel for such <br />purpose, then Grantee shall be entitled to lease such channel <br />on a fair and reasonable basis which allows for a reasonable <br />return to Grantee. <br /> <br />(2) If Grantee declines to offer such com- <br />mercial service or to lease a channel for such commercial <br />service, Grantor may provide such commercial service on one <br />of the channels assigned to Grantor pursuant to Section 6.2 <br />at a cost which considers Grantee's cost of capitalization, <br />operational costs, and a reasonable rate of return. If <br />Grantor provides such commercial service pursuant to this <br />provision, Grantor shall indemnify and save harmless Grantee, <br />its officers, agents and employees, from and against any and <br />all damage to property, or damage to, or injury to, or death <br />of, any person or persons, and shall defend, indemnify and <br />save harmless Grantee, its officers, employees and agents <br />for any and all claims, demands, suits, actions or proceedings <br />of any kind or nature, resulting from or arising from Grantor <br />providing such commercial service. <br /> <br />For purposes of this section, "not being made <br />available" shall mean that: (i) the commercial service is <br />not offered by Grantee in one or another form; (ii) the <br />commercial service, although offered by Grantee in one or <br />another form, is only offered at a subscriber charge which <br />is so excessive when compared to a similar type commercial <br />service offered in other communities by cable companies as <br />to be determined by Grantor to be unconscionable; or (iii) <br />the commercial service, although offered by Grantee in one <br />or another form, is only offered at a subscriber charge <br />which economically prohibits a large segment of potential <br />users from access to such service; or (iv) the commercial <br />service is not sufficient to meet the requirements of the <br />significant user needs for such service. <br /> <br />-26- <br />