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1.35.1.1 an ownership or other interest in Franchisee is transferred, <br /> directly or indirectly, from one Person or group of Persons to another Person or group of <br /> Persons, so that control of Franchisee is transferred; or <br /> 1.35.1.2 the rights held by Franchisee under the Franchise are transferred <br /> or assigned to another Person or group of Persons. <br /> 1.35.2 However,notwithstanding Sub-subsections 1.35.1.1 and 1.35.1.2 above, a <br /> Transfer of the Franchise shall not include transfer of an ownership or other interest in <br /> Franchisee to the parent of Franchisee or to another Affiliate of Franchisee;transfer of an interest <br /> in the Franchise or the rights held by the Franchisee under the Franchise to the parent of <br /> Franchisee or to another Affiliate of Franchisee; any action which is the result of a merger of the <br /> parent of the Franchisee; or any action which is the result of a merger of another Affiliate of the <br /> Franchisee. <br /> 1.36 Video Programming: Shall be defined herein as it is defined under Section 602 of <br /> the Communications Act,47 U.S.C. § 522(20). <br /> 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS <br /> 2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and the <br /> Communications Act,the City hereby grants the Franchisee the right to own, construct,operate <br /> and maintain a Cable System along the Public Rights-of-Way within the Franchise Area,in order <br /> to provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; <br /> nor is such a privilege or power bestowed by this Agreement. <br /> 2.2 City Does Not Regulate Telecommunications Under This Franchise: The City's <br /> regulatory authority under Title Vi of the Communications Act is not applicable to the <br /> construction,installation,maintenance or operation of the Franchiisee's FTTP Network to the <br /> extent the F-i-1? Network is constructed,installed,maintained or operated for the purpose of <br /> upgrading and/or extending Verizon's existing Telecommunications Facilities for the provision <br /> of Non-Cable Services. Except as set forth in this Agreement, this Agreement does not(a) <br /> deprive City of any powers,rights, or privileges it may have under applicable law to use or <br /> perform work on the Public Rights of Way; or(b) affect any authority of the City to adopt and <br /> enforce lawful regulations regarding the FTTP Network in the Public Rights of Way. <br /> 2.3 Term: This Franchise shall become effective on the date of the last signature <br /> below(the"Effective Date"). The term of this Franchise shall be fifteen(15)years from the <br /> Effective Date unless the Franchise is earlier revoked as provided herein. <br /> 2.4 Grant Not Exclusive: The Franchise and the rights granted herein to use and <br /> occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive,and City <br /> reserves the right to grant other franchises for similar uses or for other uses of the Public Rights- <br /> of-Way,or any portions thereof,to any Person,or to make any such use themselves,at any time <br /> during the term of this Franchise. Any such rights which are granted shall not adversely impact <br /> the authority as granted under this Franchise. <br /> EVERETT 8 <br /> Seattle-3388207.8 0010932-00119 <br />