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2003_Ordinances
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2003_Ordinances
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E. In the event of a transfer, the City reserves the right to require a <br />Corporate Guarantee in the form of Exhibit F upon a subsequent grantee. • <br />12.03 City's Right to Purchase System. The City shall be entitled to a right of <br />first refusal of any bona fide offer to purchase the System made to Grantee. <br />Bona fide offer, as used in this section, means a written offer which has been <br />accepted by Grantee subject to the City's rights under this Franchise. The price <br />to be paid by the City shall be the bona fide offer including the same terms and <br />conditions as the bona fide offer. The City shall notify Grantee of its decision to <br />purchase within sixty (60) days of the City's receipt from Grantee of a copy of the. <br />written bona fide offer. <br />12.04 Purchase By City Upon Expiration or Revocation. <br />A. At the expiration of this Franchise, in the event that the City validly <br />denies the renewal of this Franchise, the City may, in lawful manner and <br />upon the payment of fair market value, determined on the basis of the <br />System as valued as a going concern exclusive of any value attributable <br />to the Franchise itself, lawfully obtain, purchase, condemn, acquire, take <br />over and hold the System. <br />B. Upon the revocation of this Franchise, the City may in lawful <br />manner and upon the payment of an equitable price lawfully obtain, <br />purchase, condemn, acquire, take over and hold the System. <br />C. Despite anything to the contrary elsewhere in this Franchise, • <br />nothing in this Franchise shall prevent Grantee from exercising its rights <br />under applicable federal and state law from attempting to prevent <br />condemnation or acquisition of the System pursuant to this section and <br />from seeking any appropriate judicial relief, either against the City or any <br />individuals should an improper acquisition have taken place. <br />SECTION 13. RIGHTS OF INDIVIDUALS PROTECTED <br />13.01 Grantee shall comply with all privacy provisions Section 631 of the Cable <br />Act, 47 U.S.C. § 543, as amended: <br />"Sec. 631. (a)(1) At the time of entering into an agreement to <br />provide any Cable Service or other Service to a Subscriber and at least <br />once a year thereafter, a cable operator shall provide notice in the form of <br />a separate, written statement to such Subscriber which clearly and <br />conspicuously informs the Subscriber of -- <br />"(A) the nature of personally identifiable information <br />collected or to be collected with respect to the Subscriber and the <br />nature of the use of such information; <br />40 <br />
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