2006-035-RES-CABLE FRANCHISE - Laserfiche WebLink

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Further, neither the services currently provided nor the service area currently served by the Franchisee in the City of Paris will be changed or altered in any significant manner by this transaction. Cebridge agrees except as otherwise provided herein, that upon the closing of the Transaction, it shall be the successor entity to the incumbent cable service provider, the Franchisee, pursuant to Texas law, including, without limitation, Chapter 66, Texas Utilities Code, [Sec. 66.004 (a) and (c)] as adopted by S.B. 5, 79th Texas Legislature, 2nd Called Session, and as such will be operating under the Franchise being transferred from the current incumbent cable provider in the City and will be the incumbent cable provider in the City under applicable law as if it were the incumbent cable provider in the City under the Franchise as of September 1, 2005 and had at all times been the incumbent cable provider in the City thereunder since that date regardless of the actual date of the Franchise transfer. 2. No City Waiver or Release for any Non-Compliance. Grantee and Franchisee agree that the City does not waive and expressly reserves all legal rights and authority in regard to any and all non-compliance under the Franchise that may now exist or may later be discovered to have existed during the term of the Franchise, even if prior to or after the closing of the Agreement and Transfer that is the subject of this acceptance, as those terms are defined in the Resolution. Grantee and Franchisee acknowledge the City's reservation of rights as set forth above. 3. In the event the Agreement and Transfer, which is the subject of this Acceptance, is not consummated or does not reach final closure for any reason, or in the event such closure is reached on terms substantially and materially different to the terms described in the FCC Form 394, then Franchisee acknowledges that the City's Resolution, together with the written acceptance provided hereunder, shall be automatically null and void without further action by either party. If the closure is upon terms which are substantially and materially different, Franchisee shall resubmit its request for a transfer or assignment in order to be in compliance with the Franchise. Cox Southwest Holdings, L.P. By: Name: Title: Date: