R2008-03 AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT

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, , . , � ti .� , 18. Furnishing of Information. Each Party shall cooperate to make available or cause to be made available information requested by the other Party relating to this Agreement and each Party's obligations under this Agreement to the extent such information may be requested in writing by a Party and is in the possession or the control of the other Party. Any disputes between the Parties as to any information requested pursuant to this Section shall be subject to the dispute resolution process described in Section 19 of this Agreement. Comcast shall provide the City with information describing the location of Comcast's video cross-connect boxes in the City. The Parties agree that such information is confidential, shall be exempt from inspection and copying under the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., pursuant to the exemption provided for under 5 ILCS 140/7(1)(mm) and any other present or future exemptions applicable to such information and shall not be disclosed by the City to any third party without the written consent of Comcast. 19. Enforcement of Franchise. 19.1. Notice of Violation or Default. All alleged violations relating to Comcast's occupation or use of the Right-of-way shall be enforced by the City in accordance with the procedures set forth in Section 41.1 of the City Code. All alleged violations of the customer service standards set forth in Section 7 of this Agreement shall be enforced in a manner consistent with Illinois State Law 220 ILCS 5/70-501-503 including any separate customer service ordinance which may be adopted by the City. In the event City believes that Comcast has not complied with any other material terms of the Franchise, it shall notify the Comcast in writing with specific details regarding the exact nature of the alleged noncompliance or default. 19.2. Comcast's Right to Cure or Re�ond. Comcast shall have thirty (30) days from the receipt of the City's written notice: (A) to respond to the City, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that the cure will be completed and request additional time from the City to complete the cure. If the non-compliance relates to any of the following situations, Comcast shall respond or cure the default as set forth above within ten (10) days: (A) if Comcast does not pay an undisputed franchise fee payment in accordance with Section 4; (B) if Comcast does not provide channel capacity or the PEG Capital Fee for the City's noncommercial PEG channels in accordance with Section 5; or(C) if Comcast does not provide Cable Service in accordance with Section 6. 19.3. Enforcement. Subject to applicable federal and state law, in the event the City determines that Comcast is in default of any material provision of the Franchise, the City may, following the conduct of a public hearing at which Comcast will be provided an opportunity to present evidence to the City Council, impose any of the following remedies against Comcast: 1. Impose damages against Comcast in amounts up to $250 dollars per day for each day the violation continues following the applicable cure period for the following violations: (A) if Comcast does not pay an undisputed franchise fee payment in accordance with Section 4; (B) if Comcast does not provide channel capacity or the PEG 12 1043854v2