R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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Service Area obligations through the use of direct-to-home satellite service or another alternative technology that provides comparable content, service, and functionality. 6.2 AT&T's construction, operation, maintenance, repair and upgrade of its facilities within the Service Area and any Annexed Service Area is subject to the following technical and operational limitations: (A) for periods of Force Majeure; (B) for periods of delay caused by the Municipality; (C) for periods of delay resulting from AT&T's inability to obtain authority to access ROW in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements with other providers; (E) in developments or buildings that AT&T cannot access under reasonable terms and conditions after good faith negotiation, as determined by AT&T; (F) in areas, developments or buildings where AT&T is unaUle to provide video service for technical reasons or that require non-standard facilities that are not available on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the average density (average density is equal to or greater than thirty (30) occupied residential dwelling units per mile as measured in strand footage from the nearest teclmically feasible point on the active network trunk or feeder line) and other requirements. 7. Emergency Messa�e. AT&T shall carry all federal, state and local alerts provided over the "Federal Emergency Alert System" through AT&T's IP-enabled Video Service in full compliance with Federal Communications Commission requirements to the extent applicable in the event of a public safety emergency, which at a minimum will include the concurrent rebroadcast of local broadcast channels. 8. [reserved] 9. Indemnification. 9.1 AT&T agrees to comply with the indemnification provisions of Section 13 of Chapter 42 of the . 9.2 AT&T agrees to indemnify, defend and hold harmless the Municipality, its officers, agents and employees in accordance with the provisions of Appendix C, which is made a part of this Agreement. In the event that the incumbent cable service provider(s) in the Municipality files a claim against the Municipality in state or federal court arising out of the fact that the Municipality entered into this Agreement, challenging the lawfulness of this Agreement and/or seeking to modify its obligations under its existing cable franchise on the basis that the Municipality entered into this Agreement, AT&T agrees to pay the full amount of any judgment or award issued by a court against the Municipality as a result of entering into this Agreement or any settlement negotiated by AT&T with respect to the claim and all other expenses related to the resolution of the claim. AT&T's obligation to pay excludes an incumbent caUle service provider's costs, interests and attorneys' fees in bringing such action or claim unless otherwise agreed to by AT&T in any settlement agreement.