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<br />- <br /> <br />) <br /> <br />. . <br /> <br />conditions of approval, no more than two (2) <br />additional times within four (4) years from the <br />date of completion of the first and shall be <br />obligated to construct the entirety of the <br />non-residentially zoned areas subject to the con- <br />ditions provided in paragraph (4) above. If, for <br />any reason, these conditions are not met as a <br />result of any market study, Grantee shall have no <br />further obligation to construct the non-residen- <br />tially zoned areas of the City throughout the <br />remainder of the franchise term, provided, how- <br />ever, that if the obligation of Grantee to con- <br />struct the non-residentially zoned areas of the <br />City is extinguished through the nonfulfillment <br />of the conditions specified in paragraph (4) and <br />this subsection, and Grantee elects not to build <br />the entirety of all non-residentially zoned ar- <br /> <br />eas, then Grantee agrees that, as of the date of <br />extinguishment of its obligation, it shall pos- <br />sess no right to provide cable service(s) of any <br />type, and forfeits the right to do so, to the <br />non-residentially zoned areas of the City. <br /> <br />(6) The projected cumulative aggregate <br />penetration rates described in paragraph (4) and <br />(5) above shall include, but not be limited to, <br />one-way, interactive, and pay-per-view services <br />being provided to any of Grantee's subscriber(s) <br />in California at the time of the study. <br /> <br />(7) Upon the completion date specified in <br />paragraphs (4) and (5), Grantor shall cause to be <br />completed, at Grantee's sole expense, an inde- <br />pendent construction audit including a complete <br />walk-out, and final proof of performance testing, <br />for all non-residentially zoned areas of the <br /> <br />-5- <br />