§ 2. Grant of franchise; nature of grant.

(a)

Subject to the terms of this franchise agreement and except as otherwise provided herein, Chapter 71 of the City Code, the city hereby grants TWEAN a franchise for the right and privilege to own, construct, install, maintain and operate a cable system within the franchise area to provide cable services. This franchise grants the right, subject to conditions, to construct, operate and repair a cable system in, over, along and under public rights-of-way within the franchise area for the purpose of providing cable service. The franchise term shall commence on the effective date of the franchise and continue through and including December 12, 2012, unless terminated prior to that date in accordance with this franchise agreement or applicable law. Except as may be provided by law, it does not authorize TWEAN to occupy or use other public or private property without the permission of the property owner, or other entity who may lawfully grant permission to use the property.

(b)

Without limiting the foregoing, the city, among other things, does not waive the requirements of, or TWEAN's duty to obtain, all applicable permits, and to comply with the conditions thereof, unless precluded by the application of the ordinance; to comply with zoning laws; or to comply with codes, ordinances and regulations governing the construction of the cable system; or to pay any fees associated with the same.