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2.10.1. The provisions of this Franchise shall be liberally construed to <br />effectuate their objectives. <br />2.11. Police Powers: Except as otherwise provided in this Section 2.9, <br />Franchisee's rights under this Franchise shall be subject to the lawful police powers of the LFA <br />to adopt and enforce ordinances of general applicability necessary to protect and preserve the <br />health, safety and welfare of the public. Franchisee shall comply with all applicable general laws <br />and ordinances lawfully enacted by LFA pursuant to such police powers. The LFA agrees that <br />ordinances which it adopts that impact this Agreement must be enacted upon reasonable <br />conditions and of a character appropriate to the public purpose justifying enactment. Nothing <br />herein prohibits the Franchisee from challenging any future ordinances enacted by the LFA as <br />may be permitted under applicable law. <br />2.12. Compliance with Federal and State Privacy Laws: Franchisee shall <br />comply with the privacy provisions of Section 631 of the Communications Act, 47 U.S.C. §551, <br />and all other applicable federal and state privacy laws and regulations. The parties agree that, <br />during the term hereof, Franchisee shall not be subject to any local laws or ordinances which <br />conflict with such applicable federal and/or state privacy laws, or which would impose additional <br />or distinct requirements upon Franchisee with respect to Subscriber privacy other than those <br />which are expressly set forth in applicable federal and/or state privacy laws. <br />3. PROVISION OF CABLE SERVICE <br />3.1. Service Area: <br />3.1.1. Franchisee shall make Cable Service available to all of the <br />occupied residential dwelling units in the Initial Service Area. Franchisee may make Cable <br />Service available to businesses in the Service Area. Notwithstanding the foregoing, Franchisee <br />shall not be required to make Cable Service available: (a) for periods of Force Majeure; (b) for <br />periods of delay caused by the LFA; (c) for periods of delay resulting from the Franchisee's <br />inability to obtain authority to access Public Rights -of -Way in the Service Area; (d) in areas <br />where developments or buildings are subject to claimed exclusive arrangements; (e) in <br />developments or buildings that the Franchisee cannot access under industry standard terms and <br />conditions after good faith negotiation; (f) in developments or buildings that the Franchisee is <br />unable to provide Cable Service for technical reasons or that require facilities that are not <br />available or cannot be deployed on a commercially reasonable basis, including, but not limited <br />to, circumstances where Franchisee cannot access such areas, developments, buildings or other <br />residential dwelling units using Franchisee's existing network pathways and which would thus <br />require construction of new trunk, feeder, or distribution lines; (g) in areas where it is not <br />technically feasible to provide Cable Service due to the technology used by the Franchisee to <br />provide Cable Service; (h) in areas where the average occupied residential household density is <br />less than thirty (30) occupied residential dwelling units per mile as measured in strand footage <br />from the nearest technically feasible point on the Franchisee's active FTTP Network trunk or <br />feeder line; and (i) when the Franchisee's prior service, payment, or theft of Service history with <br />a Subscriber or potential Subscriber has been unfavorable. <br />