Common use of AREA TO BE SERVED Clause in Contracts

AREA TO BE SERVED. (a) The Licensee shall make its Cable System Service available to residents of the Town, within seven (7) business days of a request therefore, subject to paragraph (b) below, unless the Licensee is legally prevented from doing so by factors outside of the Licensee’s control, including, but not limited to, denial of access by owners of private property or Multiple Dwelling Units (“MDU”). The Licensee shall make its best efforts to obtain such private rights-of-ways and MDU access agreements in the Town in order to make Cable Service(s) available to all residents. (b) Installation charges shall be non-discriminatory. An aerial standard installation charge shall be established by the Licensee which shall apply to any residence located not more than one hundred fifty feet (150') from the existing aerial Trunk and Distribution System and additions thereto. An underground installation charge shall be established by the Licensee which shall apply to any residence located not more than one hundred twenty five feet (125') from the existing Trunk and Distribution System and additions thereto. Underground installations within 125 feet of the existing cable plant requiring trunk or distribution type (e.g., amplifier and feeder cable) construction or involving a hard surface or that require boring through rock or under sidewalks and asphalt street are considered non-standard installations and shall be provided at a rate based upon actual costs and a reasonable return on investment. The Licensee may charge residents located more than 150’ from the existing aerial Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee may charge residents for underground Drops located more than 125’ from the existing Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee shall have up to, but not more than, ninety (90) days in order to survey, design and install non-standard aerial installations that are more than 150 feet from the existing aerial Trunk and Distribution system and non-standard underground installations. (c) Provided the Licensee has at least ninety (90) days’ prior notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, the Licensee shall be allowed additional time for said installation. The Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board require that developers give timely notice of trenching and underground construction to the Licensee.

AREA TO BE SERVED. (a) The Licensee Comcast shall make its Cable System Service available to residents every dwelling occupied by a person requesting Cable Service provided that Comcast is able to obtain from the property owners any necessary easements and/or permits in accordance with Section 621(a)(2) of the TownCable Act. Comcast shall extend the Cable System beyond that which exists on the Effective Date into all areas within the Township, within seven unserved by another wireline video provider, where there is a minimum of twenty-five (725) business days dwelling units per linear plant mile of a request thereforeaerial cable and fifty (50) dwelling units per underground mile of cable, subject to paragraph (b) below, unless calculated from the Licensee is legally prevented from doing so by factors outside end of the Licensee’s controlmain distribution line from which a usable Cable Service signal can be obtained. For purposes of this section, includinga home shall only be counted as a “dwelling unit” if such home is within two hundred seventy-five (275) feet of the nearest distribution pole line within the public right of way. Upon written request from the Township, but not limited toComcast shall conduct a survey to determine the number of dwelling units in the requested area and shall inform the Township of the survey results and applicable costs to extend Service to the area. In those areas meeting the minimum density standard, denial of access by owners of private property or Multiple Dwelling Units Comcast shall commence construction within ninety (“MDU”)90) days after all necessary permits and pole attachment licenses are obtained. The Licensee shall Subject to Force Majeure, Comcast will make its best efforts to obtain such private rightscomplete the construction of said extension within six (6) months from the issuance of all necessary permits and pole attachment licenses. Comcast's obligation hereunder shall be subject to the timely performance of walk-of-ways out, make ready and MDU access agreements in the Town in order to make Cable Service(s) available to location of all residentsunderground utilities, weather permitting. (b) Installation charges Any dwelling unit within one hundred twenty-five (125) feet aerial distance from the main distribution line shall be non-discriminatory. An aerial entitled to a standard installation charge shall be established by the Licensee which shall apply to rate. For any residence located not more than dwelling unit in excess of one hundred fifty twenty-five (125) feet (150') or that requires an underground installation, Comcast shall extend the Cable Service if the Subscriber pays Comcast the actual cost of installation from its main distribution system with such cost being only the existing aerial Trunk and Distribution System and additions thereto. An underground installation charge shall be established by the Licensee which shall apply to any residence located not more than incremental portion beyond one hundred twenty twenty-five feet (125') from the existing Trunk and Distribution System and additions thereto. Underground installations within 125 feet of the existing cable plant requiring trunk or distribution type (e.g., amplifier and feeder cable) construction or involving a hard surface or that require boring through rock or under sidewalks and asphalt street are considered non-standard installations and shall be provided at a rate based upon actual costs and a reasonable return on investment. The Licensee may charge residents located more than 150’ from the existing for aerial Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee may charge residents for underground Drops located more than 125’ from the existing Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee shall have up to, but not more than, ninety (90) days in order to survey, design and install non-standard aerial installations that are more than 150 feet from the existing aerial Trunk and Distribution system and non-standard underground installations. (c) Provided The Township has the Licensee has at least ninety authority to require Comcast to place wires and/or equipment underground, provided that the Township imposes such requirement on all similarly situated entities. All installations of wires and/or equipment by Comcast shall be underground in those areas of the Township where the wires and/or equipment of similarly situated entities (90i.e. telephone and electric utilities) days’ prior notice concerning are underground; provided, however, that such underground locations are capable of accommodating Comcast’s facilities without technical degradation of the opening of residential subdivision trenchingCable System’s signal quality. Comcast shall not be required to construct, operate, or of maintain underground any ground-mounted appurtenances such as Subscriber taps, line extenders, system passive devices, amplifiers, power supplies, or pedestals. (d) In the installation of conduit event that public or private funds are made available to pay for such underground projects, Comcast shall be included by the location of utilitiesTownship for such funds, it shall install its cable in such trenching or conduits or may seek permission if permitted to utilize alternative trenching or conduits within a comparable time framedo so under applicable law. If a substantial quantity of cable In the event that Comcast is required for a large subdivision to place existing aerial plant underground, Comcast reserves its right to pass any remaining costs in excess of any such available public or private funds through to Subscribers if and said quantity is not in stock, the Licensee shall be allowed additional time for said installation. The Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board require that developers give timely notice of trenching and underground construction to the Licenseeextent allowed by applicable law.

AREA TO BE SERVED. (a) The Licensee shall upon request make its Cable System Service available to residents of the Town, every residential dwelling unit within seven (7) business days of a request therefore, subject to paragraph (b) below, unless the Licensee is legally prevented from doing so by factors outside of the Licensee’s control, including, but not limited to, denial of access by owners of private property or Multiple Dwelling Units (“MDU”). The Licensee shall make its best efforts to obtain such private rights-of-ways and MDU access agreements in the Town in order to make Cable Service(swhere the minimum density is at least fifteen (15) available to all residents. dwelling units per aerial mile and twenty-five (b25) Installation charges shall be non-discriminatory. An aerial standard installation charge shall be established by the Licensee which shall apply to dwelling units per underground mile providing however, that any residence located not more than one hundred fifty feet (150') request for plant extension is measured from the existing aerial Trunk and Distribution System and additions thereto. An underground installation charge shall be established by the Licensee which shall apply to any residence located not more than one hundred twenty five feet (125') from termination of the existing Trunk and Distribution System and additions theretoLicensee is able to obtain from property owners any necessary easements and/or permits in accordance with Cable Act. Licensee shall make service available to multiple dwelling units (MDU) upon request and where economically feasible and providing that Licensee is able to obtain from the property owners any necessary easements, permits and agreements to provide Service to said MDU. Subject to the density requirement, Licensee shall upon request offer Cable Service to all new homes or previously unserved homes located within one hundred fifty feet (150 ft) of Licensee’s Trunk and Distribution System. For non-Standard Installations Licensee shall offer said Service within ninety (90) days of a Subscriber requesting such for aerial installations and one hundred eighty (180) days, weather permitting, of a Subscriber requesting such for underground installations. With respect to areas of the Town which are currently served by Licensee from a contiguous cable television system or currently unserved but could be served by abutting Town(s) served by Licensee, Licensee shall have the option to serve such areas from its cable television system in such abutting Town. (b) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial one hundred fifty feet (150 ft.) of the Trunk and Distribution System shall be entitled to a Standard Installation rate in accordance with applicable federal and state laws. Underground installations within 125 feet of the existing cable plant requiring trunk or distribution type (e.g., amplifier and feeder cable) construction or involving a hard surface or that require boring through rock or under sidewalks and asphalt street installs are considered non-standard installations. All non-standard installations and shall be provided at a rate based upon actual costs established by the Licensee in accordance with applicable federal and a reasonable return on investment. The Licensee may charge residents located more than 150’ from the existing aerial Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee may charge residents for underground Drops located more than 125’ from the existing Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee shall have up to, but not more than, ninety (90) days in order to survey, design and install non-standard aerial installations that are more than 150 feet from the existing aerial Trunk and Distribution system and non-standard underground installationsstate laws. (c) Provided the Licensee has at least ninety (90) days’ prior written notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, the Licensee shall be allowed additional time for said installation. The Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board require that and developers give timely written notice of trenching and underground construction to Licensee. Developer shall be responsible for the Licenseedigging and back-filling of all trenches.

AREA TO BE SERVED. (a) The Licensee shall upon request make its Cable System Service available to residents of the Town, every residential dwelling unit within seven (7) business days of a request therefore, subject to paragraph (b) below, unless the Licensee is legally prevented from doing so by factors outside of the Licensee’s control, including, but not limited to, denial of access by owners of private property or Multiple Dwelling Units (“MDU”). The Licensee shall make its best efforts to obtain such private rights-of-ways and MDU access agreements in the Town in order to make Cable Service(swhere the minimum density is at least fifteen (15) available to all residents. dwelling units per aerial mile and thirty (b30) Installation charges shall be non-discriminatory. An aerial standard installation charge shall be established by the Licensee which shall apply to dwelling units per underground mile providing however, that any residence located not more than one hundred fifty feet (150') from the existing aerial Trunk and Distribution System and additions thereto. An underground installation charge shall be established by the Licensee which shall apply to any residence located not more than one hundred twenty five feet (125') request for plant extension is measured from the existing Trunk and Distribution System and additions theretoLicensee is able to obtain from property owners any necessary easements and/or permits in accordance with Cable Act. Licensee shall make Cable Service available to multiple dwelling units (MDU) upon request and where economically feasible and providing that Licensee is able to obtain from the property owners any necessary easements, permits and agreements to provide Service to said MDU. Subject to the density requirement, Licensee shall upon request offer Cable Service to all new homes or previously unserved homes located within one hundred fifty feet (150’) of Licensee’s Trunk and Distribution System. For non-Standard Installations Licensee shall offer said Service within ninety (90) days of a Subscriber requesting such for aerial installations and one hundred eighty (180) days, weather permitting, of a Subscriber requesting such for underground installations. With respect to areas of the Town which are currently served by Licensee from a contiguous cable television system or currently unserved but could be served by abutting Town (s) served by Licensee, Licensee shall have the option to serve such areas from its cable television system in such abutting Town. (b) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial one hundred fifty feet (150’) of the Trunk and Distribution System shall be entitled to a Standard Installation rate in accordance with applicable federal and state laws. Underground installations within 125 feet of the existing cable plant requiring trunk or distribution type (e.g., amplifier and feeder cable) construction or involving a hard surface or that require boring through rock or under sidewalks and asphalt street installs are considered non-standard installations. All non-standard installations and shall be provided at a rate based upon actual costs established by the Licensee in accordance with applicable federal and a reasonable return on investment. The Licensee may charge residents located more than 150’ from the existing aerial Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee may charge residents for underground Drops located more than 125’ from the existing Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee shall have up to, but not more than, ninety (90) days in order to survey, design and install non-standard aerial installations that are more than 150 feet from the existing aerial Trunk and Distribution system and non-standard underground installationsstate laws. (c) Provided the Licensee has at least ninety (90) days’ prior written notice concerning the opening of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and said quantity is not in stock, the Licensee shall be allowed additional time for said installation. The Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board require that and developers give timely written notice of trenching and underground construction to Licensee. Developer shall be responsible for the Licenseedigging and back-filling of all trenches. (d) Notwithstanding the requirements of Section 3.1(a), the License shall extend its cable system in ▇▇▇▇▇▇, at no cost to the Town, and make Cable Service available on the following portions of the Public Ways in the Town by August 1, 2023: ▇▇▇▇▇▇▇ Road – Starting from Pole 78 on ▇▇▇▇▇▇▇ Road in Monson, extend aerial plant in an easterly and then southerly direction approximately 1 mile to Pole 95.