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restore the construction bond to the amount required under this Franchise. Grantee's maintenance <br /> of the construction bond shall not be construed to excuse unfaithful performance by Grantee or to <br /> limit the liability of Grantee to the amount of the construction bond or otherwise to limit the City's <br /> recourse to any other remedy available at law or equity. <br /> (D) Grantee shall have the right to appeal to the City Council for reimbursement in the <br /> event Grantee believes that the construction bond was drawn upon improperly. Grantee shall also <br /> have the right of judicial appeal if Grantee believes the construction bond has not been properly <br /> drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully <br /> withdraws from the construction bond shall be returned to Grantee with interest, from the date of <br /> withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. <br /> SECTION 10. EMERGENCY ALERT SYSTEM AND TECHNICAL STANDARDS <br /> 10.1 Emergency Alert Capability <br /> (A) If required by federal law or regulation, Grantee shall provide the City an operating <br /> Emergency Alert System ("EAS") so that the City may use the Open Video System to transmit an <br /> emergency alert signal. <br /> (B) The City shall permit only appropriately trained and authorized persons to operate <br /> the EAS equipment provided pursuant to this subsection. <br /> (C) Grantee shall ensure that the EAS is functioning properly at all times. It will test the <br /> EAS periodically, in a manner consistent with sound operational practices for emergency systems. <br /> Grantee will advise the City of the testing schedule and the City may be present for the tests. <br /> 10.2 Technical Performance <br /> The technical performance of the Open Video System shall meet or exceed all applicable <br /> federal (including, but not limited to, the FCC) and State technical standards, as they may be <br /> amended from time to time,regardless of the transmission technology utilized. The City shall have <br /> the full authority permitted by applicable law to enforce compliance with these technical standards. <br /> SECTION 11. SERVICE TO CERTAIN LOCATIONS <br /> Grantee shall, at no cost to the City or other entity, provide one outlet of Basic Service and <br /> Expanded Basic Service to all City owned and occupied buildings, schools and public libraries. For <br /> purposes of this subsection, "school" means all State-accredited K-12 public and private schools. In <br /> addition, Grantee shall provide, at no cost to the City or other entity, one outlet of Basic and <br /> Expanded Basic Service to future owned or leased and occupied City buildings, schools and <br /> libraries upon request if the drop line from the feeder cable to such building does not exceed one <br /> hundred fifty feet(150') or if the City or other entity agrees to pay the incremental cost of such drop <br /> line in excess of one hundred fifty feet (150'), including the cost of such excess labor and materials. <br /> 21 <br />