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B. The material terms, provisions and conditions of any Franchise granted to third <br /> parties by the Grantor shall conform with federal and state law related to cable <br /> television and shall be non-discriminatory. Material terms, provisions and <br /> conditions shall include at a minimum, those relating to Franchise Fees, PEG <br /> Access support in any form or manner provided, the provision of Institutional <br /> Networks, liquidated damages, insurance, bonds, letters of credit and similar <br /> instruments, reports, Customer Service Standards, computation of Gross <br /> Revenues, service area, service to public buildings, build out requirements, <br /> Rights-of-Way use conditions and inspection requirements. Construction may be <br /> phased in over a reasonable period of time pursuant to federal law. <br /> Section 10. No-Waiver <br /> A. The failure of the Grantor or the Grantee,upon one or more occasions,to exercise <br /> a right or to require compliance or performance under this Franchise or any <br /> applicable law shall not be deemed to constitute a waiver of such right or a waiver <br /> of compliance or performance, unless such right has been specifically waived in <br /> writing. <br /> B. Waiver of a particular breach of this Franchise shall not be construed as a waiver <br /> of any other breach. No provision of this Franchise shall operate as a waiver by <br /> the Grantor or the Grantee of any right guaranteed by the federal or state <br /> constitutions or other applicable law. <br /> Section 11. Regulation <br /> A. The Grantor shall be vested with the power and authority to reasonably regulate <br /> the exercise of the privileges permitted by this Franchise in the public interest. <br /> Any failure by the Grantor to promptly enforce compliance with this Franchise in <br /> accordance with federal, state and local laws and ordinances shall not relieve the <br /> Grantee of its obligation to comply with any provision of this Franchise. <br /> B. The Grantee's rights, pursuant to the Communications Act of 1934, as amended, <br /> the U.S. Constitution, the Constitution and laws of North Carolina, or any other <br /> subsequently adopted federal or state law, shall not be abrogated or otherwise <br /> limited by the Grantor. <br /> C. Following Reasonable Notice, the Grantor reserves the right to inspect the <br /> installation and maintenance of the Cable System. <br /> D. The Grantee shall comply with all current federal and state regulations, applicable <br /> to its Cable System, such as the National Electrical Code and National Electrical <br /> Safety Code and generally applicable nondiscriminatory local regulations such as <br /> traffic safety/lane closure rules and construction requirements promulgated by the <br /> Grantor. <br /> 9 <br />