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1.16.7 The imputed value of the provision of Cable Services to customers on a <br /> complimentary basis including,without limitation,the provision of Cable Services to public <br /> buildings as required or permitted herein; <br /> 1.16.8 Any tax of general applicability imposed upon Franchisee or upon <br /> Subscribers by a city,state,federal, or any other governmental entity and required to be collected <br /> by Franchisee and remitted to the taxing entity(including,but not limited to,sales/use tax,gross <br /> receipts tax, excise tax,utility users tax,public service tax,communication taxes, and non-cable <br /> franchise fees and revenue); <br /> 1.I6.9 Any forgone revenue that Franchisee chooses not to receive in exchange <br /> for its provision of free or reduced cost cable or other communications services to any Person, <br /> including without limitation, employees of Franchisee and any public institutions or other <br /> institutions designated in the Agreement;provided,however, that such forgone revenue that <br /> Franchisee chooses not to receive in exchange for trades,barters, services,or other items of <br /> value in place of cash consideration shall be included in Gross Revenue; <br /> 1.16.10 Sales of capital assets or sales of surplus equipment; <br /> 1.16.11 Reimbursement by programmers of marketing costs incurred by <br /> Franchisee for the introduction of new programming pursuant to a written marketing agreement; <br /> 1.16.12 Directory or Internet advertising revenue including,but not limited to, <br /> yellow page,white page, banner advertisement, and electronic publishing; or <br /> 1.16.13 Any fees or charges collected from Subscribers or other third parties for <br /> PEG Grant. <br /> 1.17 Information Service: Shall be defined herein as it is defined under Section 3 of <br /> the Communications Act,47 U.S.C. §153(20). <br /> 1.18 Initial Service Area: The portion of the Franchise Area as outlined in Exhibit A. <br /> 1.19 Internet Access: Dial-up or broadband access service that enables Subscribers to <br /> access the Internet. <br /> 1.20 Local Franchise Authority(LFA): The City of Everett or the lawful successor, <br /> transferee,or assignee thereof. <br /> 1.21 Non-Cable Services: Any service that does not constitute the provision of Video <br /> Programming directly to multiple Subscribers in the Franchise Area including,but not limited to, <br /> Information Services and Telecommunications Services. <br /> 1.22 Normal Operating Conditions: Those service conditions which are within the <br /> control of the Franchisee. Those conditions which are not within the control of the Franchisee <br /> include,but are not limited to,natural disasters,civil disturbances,power outages,telephone <br /> network outages, and severe or unusual weather conditions. Those conditions which are <br /> ordinarily within the control of the Franchisee include,but are not limited to, special promotions, <br /> EVERETT 6 <br /> Seattle-3388207.8 0010932-00119 <br />