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any area of the Franchise Area are underground, the Grantee shall place its Cable System's transmission and distribution facilities underground. SECTION 4 - Service Oblie:ations 4.1 General Service Obligation. The Grantee shall make Cable Service available as set forth in Section 15.2-2108.22(12) of the Code of Virginia. Grantee shall make cable service available to (i) up to all of the occupied residential dwelling units in the initial service area set forth in Exhibit A within no less than three years of the date of the grant of this Franchise and (ii) no less than 65% of the residential dwelling units in the area in City in which the Grantee has telephone facilities, within no less than seven years ofthe date of the grant of this Franchise. 4.1.1 Notwithstanding the foregoing provision, Grantee shall not be required to make cable service available: (a) for periods of force majeure as specified in section 12.13 hereof; (b) for periods of delay caused by City; (c) for periods of delay resulting from Grantee's inability to obtain authority to access rights-of-way in the Service Area; (d) in areas where developments or buildings are subject to claimed exclusive arrangements; ( e) in developments or buildings that Grantee cannot access under industry standard tenns and conditions after good faith negotiation; (f) in developments or buildings that the Grantee is unable to provide Cable Service for technical reasons or that require facilities that are not available or cannot be deployed on a commercially reasonably basis; (g) in areas where it is not technically feasible to provide Cable Service due to the technology used by Grantee to provide Cable Service; (h) in areas where the average occupied . residential household density if less than 20 occupied residential dwelling units per mile as measured in strand footage fonn the nearest technically feasible point on the Grantee's active cable system; and (i) when Grantee's prior service, payment or theft of service history with a subscriber or potential subscriber has been unfavorable. 4.1.2 Should, through new construction, an area within Grantee's service area meet the density requirement, Grantee shall, subject to the exclusions in this subdivision, provide Cable Service to such area within six months of receiving notice from City that the density requirements have been met. rf the Grantee is using its telephone facilities to provide cable service, the City may not require Grantee to provide any cable service outside of the area in City in which the Grantee has its telephone facilitie':.. 4.1.3 During the 12-month period commencing after the seventh-year anniversary date of grant of the franchise, the City may, by ordinance adopted after a public hearing in which City specifically finds that such a requirement is necessary to promote competition in Cable Services within City, require the Grantee to make service available to no more 80% of the residential dwelling units in the area in City in which the Grantee has its telephone facilities within no less than 10 years of the date of grant of the franchise, subject to the exclusions in l)l)J46Iv2 6