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equipment that is designed tn provide Cable Service that includes Viden Programming and that is provided to multiple Subscribers within a cnmmunity, except that such definition shaIJ nnt include (i) a system that serves fewer than 20 Subscribers; (ii) a facility that serves only to retransmit the television signals of nne or more television brOadcast stations; (iii) a facility that serves only Subscribers without using any public right-of-way; (iv) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act 0f1934, 47 USC ~ 201 et seq., except that such facility shall be considered a Cable System to the extent snch facility is used in the transmission 0 f Video Programming directly to Snbscribers, unless the extent of such Use is solely to provide Interactive On-Demand Services; (v) any facilities of any electric utility used solely for operating its electric systems; (vi) or any Portion of a System that serves fewer than 50 Subscribers in any locality, where such Portion is part of a larger System franchised in an adjacentlocalily; or (vii) an open video system that complies with ~ 653 of Title VI of the Communications Act of 1934, as amended, 47 U. S. C. ~ 573. I. 7 "Customer" or "Subscriber" means a Person or user of the Cab Ie System who lawfuIJy receives Cable Service with the Grantee's express pennission. 1.8 "Effective Date" means the date on which aIJ persons necessary to sign this Agreement in order for it to be binding on both Parties have executed this Agreement as indicated on the signature page(s), unless a specific date is otherwise provided in the "Tenn" section herein.. 1.9 "FCC" means the Federal Communications Cornmission or Successor governmental entity thereto. 1.10 "Force Majeure" means an eVent or eVents reasonably beyond the ability of Grantee to anticipate and control. "Forcc majeure" includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or ci vii disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, governmental actions and restrictions, work delays caused by waiting for utility providers to scrvice or monitor or provide access to utility poles to which Grantee's facilities are attached or to be attached or conduits in which Grantee's facilities are located or to be located, and unavailability of materials or qualified labor to perfonn the work necessary. 1.11 "Franchise" shaIJ mean this Ordinance Cable Franchise and any amendments or modifications hereto. 1.12 "Franchise Area" means the presentlcgal boundaries 0 flhe Ci ty as of the Effective Date, and shall also include any additions thereto, by anncxation or other legal means. 1.13 "Grantee" shall mean Cavalier IP TV, LLC I. 14 "Gross Reven L1CS" shaIJ mean aIJ rev en LIe, as dctcOllined in accordancc with generaIJy accepted accoLlnting principles, that is actuaIJy rcceived by the Grantee ')')3461 v2 2