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<br /> <br /> (2) Franchise Review. <br /> <br /> (a) A review of the franchise performance may be <br />undertaken upon agreement of the Grantee and Commission. <br /> <br /> (b) Upon request of either the Commission or Grantee, <br />a review of franchise performance may be undertaken once after <br />August 1, 2013. As a result of such franchise performance review, <br />the Commission and Grantee may negotiate modifications or <br />revisions to the franchise upon mutually acceptable terms and <br />conditions. <br /> <br /> (c) After January 1, 2013 but before August 1, 2013, <br />Grantee shall submit a report to the Commission on the <br />performance of the system under the franchise. The report shall <br />include: <br /> <br />(i) The channel capacity and plans for additional channels; <br />(ii) Service extension policies set forth in Section 7; <br />(iii) Technical adequacy of the system, including, but <br />not limited to, picture quality, two-way transmission <br />capacity, and compliance with standards sets forth <br />in Section 8; <br />(iv) Changes in the Federal Act or FCC authority, rules, or <br />regulations which, in Grantee’s opinion, might affect the <br />franchise; and <br />(v) The franchise fee payments set forth in Section 10 and <br />financial support for public, education, and governmental <br />access. <br /> <br /> (d) The Grantee shall be represented during review <br />negotiations by a representative of the company authorized to <br />speak on questions or corporate practice, policy, and plans. <br /> <br /> Section 6Severability <br />. . If any section, sentence, paragraph, term, or <br />provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of <br />competent jurisdiction or by any state or federal regulatory authority having jurisdiction <br />thereof, such determination shall have no effect on the validity of any other section, <br />sentence, paragraph, term or provision hereof, all of which will remain in full force and <br />effect for the term of the Franchise. <br /> <br />Section 7.Savings Clause. <br /> Except as amended herein, all other provisions of <br />Ordinance No. 19775 remain in full force and effect. <br /> <br />Ordinance - 4 <br />