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~5 <br />B. The material teens, provisions and conditions of any Frauclrise 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 ternis, provisions and <br />conditions shall include at a minimum, those relating to Franchise Fees, PEG <br />Access support in any form or mamter provided, the provision of hlstitutional <br />Networks, liquidated damages, insurance, bonds, letters of credit and similar <br />instnmients, reports, Customer Service Standards, computation of Gross <br />Revenues, service area, service to public buildings, build out r-equirements, <br />Rights-of--Way use cmrditions 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 sight 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 pr°ovision of Phis 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 Conununications 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 />