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<br />RESOLUTION NO. <br /> <br />AN AGREEMENT GRANTING TO CABLECOM OF FARGO A <br />FIFTEEN (15) YEAR NON-EXCLUSIVE FRANCHISE TO <br />BUILD, OPERATE AND MAINTAIN A CABLE TELEVISION <br />SYSTEM WITHIN THE COUNTY OF CASS, STATE OF <br />NORTH DAKOTA; SETTING FORTH THE CONDITIONS; <br />PROVIDING FOR THE REGULATION AND USE OF THE <br />SYSTEM; PROVIDING CERTAIN PROVISIONS RELATIVE <br />TO INSURANCE AND INDEMNIFICATION OF THE COUNTY <br />OF CASS, STATE OF NORTH DAKOTA. <br /> <br />BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF THE COUNTY OF CASS, STATE OF <br />NORTH DAKOTA: <br /> <br />SECTION 1. SHORT TITLE <br /> <br />This Agreement shall be known and cited as the Cablecom of Fargo <br />Cable Television System franchise. <br /> <br />SECTION 2. DEFINITIONS <br /> <br />For the purpose of this Agreement, the following terms, phrases, <br />words and their derivations shall have the meaning given herein. <br />When not inconsistent with the context, words used in the present <br />tense shall include the future, words in the plural number include <br />the singular number, and words in the singular number include the <br />plural number. The word "shall" is always mandatory and not merely <br />directory. <br /> <br />(a) "County" is the County of Cass, State of North Dakota. <br /> <br />(b) "Cable Television System", "Cable System" and "System" <br />mean the equipment and materials used to distribute <br />electronic signals, including but not limited to, <br />television signals and radio signals as permitted by the <br />Federal Communications Commission and other entities of <br />competent jurisdiction. <br /> <br />(c) "Franchise" means the non-exclusive right to construct, <br />erect, operate and maintain a Cable Television System <br />wi thin the unincorporated areas of the County and to <br />install poles, underground and aerial cable, pedestals, <br />and electronic equipment over, under and across the <br />surface of, and the space below public streets, roads, <br />highways, freeways, lanes, alleys, courts, sidewalks, <br />parkways, drives or easements now or hereafter existing <br />as such within the County. <br /> <br />- 1 - <br />