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7. DESIGN AND CONSTRUCTION 7.1. Svstem Construction and Extension. Throughout the franchise service area, Grantee is required to make its cable television system available to prospective subscribers in accordance with the following provIsIOns: (a) Grantee must make its cable television system available within the franchise service area to any owner or occupant of residential or commercial premises who requests connection, at the standard connection charge, if that connection (i) is to be made within an area that has a density of at least 40 homes per mile, and (ii) requires no more than a standard ] 50-foot aerial drop line from the main feeder line. If a connection requires more than a standard ] 50-foot aerial drop line, or an underground service connection, or does not meet the density requirement, then the owner or occupant must be given the option of paying the additional cost for that installation, including costs associated with poles or underground facilities required for the extension. (b) Service to prospective subscribers residing in multiple-dwelling units need only be provided if, after evaluating the terms and conditions for access that may be imposed by an owner or manager of such multip]e-dwelling units, the Grantee determines that those terms and conditions are reasonably acceptable; provided, however, that Grantee will use all reasonable diligence to negotiate agreements with owners or managers of multiple-dwelling units to provide cable services. 7.2. Construction Components and Techniques. Construction components and techniques must comply with the terms of this Agreement and with all applicable statutes, ordinances, regulations, and pole attachment agreements. 7.3. Technica] and Performance Standards. Grantee must construct, reconstruct, install, operate, and maintain its system in a manner consistent with all federal, state, and generally applicable local laws and ordinances, FCC technical standards, and any additional standards set forth in this Agreement. Without limiting the foregoing, Grantee's system must comply with all FCC regulations that apply to compatibility as between cable service and consumer equipment for receiving and recording cable programming. 7.4. Construction Codes. (a) The Grantee must strictly adhere to all generally applicable building and zoning codes now or hereafter in force, including Chapter 33 ofthe Municipal Code that regulates excavations in the public rights-of-way. (b) The Grantee will make every reasonable effort to arrange its lines, cables, and other appurtenances, on both public and private property, in such a manner as to minimize 12097-0002\680672vI9.doc -] 9- City of Santa Ana EXECUTION COPY 4/07/0S