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2024 Ordinances
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2024 Ordinances
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Last modified
12/12/2024 12:24:06 PM
Creation date
1/31/2024 10:52:52 AM
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8.3. Proprietary and Confidential Information: Notwithstanding anything to the <br />contrary set forth herein, Franchisee shall not be required to disclose information that it reasonably <br />deems to be proprietary or confidential in nature except in accordance with the following <br />procedures, or to disclose any of its or an Affiliate's books and records not relating to the provision <br />of Cable Service in the Service Area. If Franchisee believes that any requested information is <br />confidential and proprietary, Franchisee must provide the following documentation to the LFA: (i) <br />specific identification of the information (ii) a statement attesting to the reason(s) Franchisee <br />believes the information is confidential and/or proprietary; and (iii) a statement that the <br />document(s) are available for inspection by the LFA. Franchisee shall be responsible for clearly <br />and conspicuously stamping the word "Confidential" on each page that contains any "confidential" <br />or "proprietary" information. Unless otherwise ordered by a court or agency of competent <br />jurisdiction, the LFA agrees that, to the extent permitted by applicable law, it shall deny access to <br />any of Franchisee's information marked "Confidential" as set forth in this Section 8.3 to any Person <br />or governmental entity. If, in the course of enforcing this Franchise or for any other reason, the <br />LFA believes it must disclose any information marked "Confidential" as set forth in this Section <br />8.3, the LFA shall provide reasonable advance notice of such disclosure so that Franchisee can <br />take appropriate steps to protect its interests. If the LFA receives a demand from any Person or <br />governmental entity for disclosure of any information identified as "Confidential" pursuant to this <br />Section 8.3, the LFA shall, so far as consistent with applicable law, advise Franchisee and provide <br />Franchisee with a copy of any written request prior to granting the Person or governmental entity <br />access to such information. <br />8.4. Inspection Location: Books and Records produced for inspection pursuant to <br />Sections 8.1 and 8.2, and documents produced for inspection pursuant to Section 8.3, shall be <br />produced at a mutually agreed location within the City. If any requested Books and Records are <br />too voluminous, not available locally in the City, or for security reasons cannot be moved, then <br />the Franchisee may request that the inspection take place at a location mutually agreed to by the <br />City and the Franchisee. <br />8.5. Records Required: Franchisee shall at all times maintain: <br />8.5.1. Records of all written complaints for a period of three (3) years after receipt <br />by Franchisee. The term "complaint" as used herein refers to complaints about any aspect of the <br />Cable System or Franchisee's cable operations, including, without limitation, complaints about <br />employee courtesy. Complaints recorded will not be limited to complaints requiring an employee <br />service call; <br />8.5.2. Records of outages for a period of three (3) years after occurrence, <br />indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; <br />8.5.3. Records of service calls for repair and maintenance for a period of three (3) <br />years after resolution by Franchisee, indicating the date and time service was required, the date of <br />acknowledgment and date and time service was scheduled (if it was scheduled), and the date and <br />time service was provided, and (if different) the date and time the problem was resolved; <br />8.5.4. Records of installation/reconnection and requests for service extension for <br />
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