Common use of Continuity and Maintenance of Operations Clause in Contracts

Continuity and Maintenance of Operations. (a) Except as Buyer may otherwise agree in writing, until the Closing each Seller shall operate its respective Systems in the ordinary course of business consistent with Past Practices and shall: (i) maintain and repair the Assets in the ordinary course of business consistent with its year 2000 budgets, and at Closing the Assets will be in substantially the same condition as they are in as of the date hereof, subject to ordinary wear and tear; (ii) maintain its inventory and other supplies and spare parts at levels consistent with its year 2000 budgets; (iii) make capital expenditures substantially in accordance with its year 2000 capital budget; (iv) use commercially reasonable efforts to comply with Legal Requirements applicable to the Systems; (v) not conduct promotional activities inconsistent with Past Practices; (vi) continue its procedures for disconnection and discontinuance of service to subscribers whose accounts are delinquent, in accordance with Past Practices; and (vii) not enter into installment sale agreements and other agreements under which Buyer would be obligated to pay the deferred purchase price of property, which agreements collectively will involve aggregate payments in excess of $25,000 following the Closing Date. (c) Except as required by law and except as budgeted by Seller, after the date of this Agreement, Seller will not, without giving prior written notice to Buyer, change customer rates for any tier of service or charges for remote or installation, make channel additions, channel substitutions, change the channel lineups or implement any retiering or repackaging of cable television programming offered by any of the Systems, or change billing, collection or installation practices.

Continuity and Maintenance of Operations. (a) Except as Buyer may otherwise agree in writing, until the Closing each Seller shall operate its respective Systems the System in the ordinary course of business consistent with Past Practices and shall: (i) maintain and repair the Assets in the ordinary course of business consistent with its year 2000 budgets, and at Closing the Assets will be in substantially the same condition as they are in as of the date hereof, subject to ordinary wear and tear; (ii) maintain its inventory and other supplies and spare parts at levels consistent with its year 2000 budgets; (iii) subject to Section 6.16(a), make capital expenditures substantially in accordance with its year 2000 capital budget; (iv) use commercially reasonable efforts to comply with Legal Requirements applicable to the SystemsSystem; (v) not conduct promotional activities inconsistent with Past Practices; (vi) continue its procedures for disconnection and discontinuance of service to subscribers whose accounts are delinquent, in accordance with Past Practices; and (vii) not enter into installment sale agreements and other agreements under which Buyer would be obligated to pay the deferred purchase price of property, which agreements collectively will involve aggregate payments in excess of $25,000 following the Closing Date. (c) Except as required by law and except as budgeted by Seller, after the date of this Agreement, Seller will not, without giving prior written notice to Buyer, change customer rates for any tier of service or charges for remote or installation, make channel additions, channel substitutions, change the channel lineups or implement any retiering or repackaging of cable television programming offered by any of the SystemsSystem, or change billing, collection or installation practices.