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<br />"..'" <br /> <br />'.. <br /> <br />, ) <br /> <br />and such other matters as the Grantor may deem appropriate; <br />provided, however, that adequate penalties must be imposed if <br />service is in any way materially lessened, or if any material <br />provision of this franchise is not complied with. <br /> <br />ANY IMPOSITION OF MONETARY PENALTIES AS STATED IN THIS SECTION <br />MAY BE COLLECTED AND RETAINED BY GRANTOR AS LIQUIDATED DAMAGES <br />AND AS ITS PROPERTY WITHOUT ANY REDUCTION, OFFSET, OR RECOUPMENT <br />WHATSOEVER. GRANTOR AND GRANTEE AGREE THAT IT WOULD BE IMPRACTICABLE <br />OR EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES IN CASE OF GRANTEE'S <br />DEFAULT, AND THAT THE AMOUNT OF PENALTIES IS A REASONABLE AND <br />COMPLETE ESTIMATE OF GRANTOR'S DAMAGES. GRANTEE RECOGNIZES <br />THAT GRANTEE'S PROMPT DEVELOPMENT AND OFFERING OF SERVICES IS <br />OF CRITICAL IMPORTANCE TO GRANTOR. THIS SECTION IS SEPARATELY <br />APPROVED BY THE PARTIES TO THIS AGREEMENT IN ACCORDANCE WITH <br />CALIFORNIA CIVIL CODE SECTION 1677. <br /> <br />GRANTOR: <br /> <br />GRANTEE: G'Rç~P W tflì3LE).tN&, <br /> <br />~4A'- <br />&.ü~D~ <br /> <br />131.' (If ,,~1; ¡'~~- <br />~{¡. #<11 . <br />10.5 Public Disclosure. Whenever, pursuant to the <br />franchise, Grantee shall make available for inspection by <br />Grantor or submit to Grantor reports containing information <br />considered proprietary by Grantee, Grantor shall not disclose <br />or release such reports or information to the public without <br />Grantee's prior written consent. <br /> <br />~~ <br /> <br />GORDON BRlð<EN, MAYOR <br /> <br />10.6 State of the Art and Annual Review. Every fourth <br />(4th) year during the term of this agreement, Grantee and <br />Grantor shall meet to review the system and the state of the <br />art for cable systems which are comparable to the Santa Ana <br />system. Grant,ee and Grantor shall review those services, if <br />any, which are operational and offered to cities with a pop- <br />ulation between 200,000 to 250,000 persons on a non-experimental <br />basis by Grantee or other comparable cable TV systems. Grantee <br />shall prepare and submit a report sixty (60) days prior to <br />such meetings outlining any such services which are offered <br />as hereinabove stated. Grantee and Grantor shall agree upon <br />which, if any, of such services are required by the City, the <br />costs of implementing such services, adjustments to the rate <br />structure resulting from such costs, the possibility of ex- <br />tending the term of the franchise to the term allowed by law, <br />the schedule for implementing such services, and any other <br />questions which arise concerning the technical and economic <br /> <br />-35- <br />