Ordinance 3077-08 - Laserfiche WebLink

1.16.7 The imputed value of the provision of Cable Services to customers on a complimentary basis including, without limitation, the provision of Cable Services to public buildings as required or permitted herein; 1.16.8 Any tax of general applicability imposed upon Franchisee or upon Subscribers by a city, state, federal, or any other governmental entity and required to be collected by Franchisee and remitted to the taxing entity(including,but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees and revenue); 1.16.9 Any forgone revenue that Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of Franchisee and any public institutions or other institutions designated in the Agreement; provided, however, that such forgone revenue that Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value in place of cash consideration shall be included in Gross Revenue; 1.16.10 Sales of capital assets or sales of surplus equipment; 1.16.11 Reimbursement by programmers of marketing costs incurred by Franchisee for the introduction of new programming pursuant to a written marketing agreement; 1.16.12 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; or 1.16.13 Any fees or charges collected from Subscribers or other third parties for PEG Grant. 1.17 Information Service: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(20). 1.18 Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A. 1.19 Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 1.20 Local Franchise Authority (LFA): The City of Everett or the lawful successor, transferee, or assignee thereof 1.21 Non-Cable Services: Any service that does not constitute the provision of Video Programming directly to multiple Subscribers in the Franchise Area including, but not limited to, Information Services and Telecommunications Services. 1.22 Normal Operating Conditions: Those service conditions which are within the control of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee include, but are not limited to, special promotions, EVERETT 6 Seattle-3388207.8 0010932-00119