Common use of Level Playing Field Clause in Contracts

Level Playing Field. (a) This Renewal License shall not affect the right of the Issuing Authority to grant to any other person a license or right to occupy or use the streets, or portions thereof, for the construction, upgrade, installation, operation or maintenance of a Cable Communications System within the Town of Lancaster; or the right of the Issuing Authority to permit the use of the public ways and places of the Town for any purpose whatsoever. The Licensee hereby acknowledges the Issuing Authority's right to make such grants and permit such uses. (b) To the extent allowed by applicable law(s), the grant of any additional cable television license(s) shall be on substantially equivalent terms and conditions as those contained in this Renewal License. This paragraph shall be subject to specific performance. (c) The issuance of additional license(s) shall be subject to all applicable federal and state laws, including G.L.c. 166A and applicable regulations promulgated thereunder. (d) In the event that the Licensee reports to the Issuing Authority that it is at a competitive disadvantage as a result of a competing Multichannel Video Programming Distributor in the Town except for direct satellite to home providers not affiliated with a Regional Bell Operating Company, that is not required to be licensed by the Town, the Issuing Authority and the Licensee agree that Section 625 of the Cable Act will be applicable. Among other factors, the Issuing Authority will consider the nature and extent of any such competitive disadvantage in assessing a Section 625 request from the Licensee. The Issuing Authority and the Licensee agree that: (1) effective competition by another Multichannel Video Programming Distributor(s) in the Town does not exist as of the Effective Date of this Renewal License; and (2) that such competition is beyond the control of the Licensee. The Licensee shall have the right to obtain modification of requirements of this Renewal License if the Licensee demonstrates that (i) it is commercially impracticable for the Licensee to comply with such requirement and (ii) the proposal by the Licensee for modification of such requirement is appropriate because of commercial impracticability. Any final decision made by the Issuing Authority under this Section shall be made in a public proceeding. Such decision shall be made within one hundred twenty (120) days after receipt of such request by the Issuing Authority, unless otherwise extended by agreement of parties. The parties agree that the standard applied to the Licensee’s request for modification is the same as provided under the "Commercial Impracticability" provisions of the U.C.C. - recognizing, and accounting for, distinctions given the context in which it is applied under Section 625 and that regarding the sale of goods which is governed by the U.C.C.

Level Playing Field. (a) This Renewal License shall not affect the right of the Issuing Authority to grant to any other person a license or right to occupy or use the streets, or portions thereof, for the construction, upgrade, installation, operation or maintenance of a Cable Communications System within the Town of LancasterSterling; or the right of the Issuing Authority to permit the use of the public ways and places of the Town for any purpose whatsoever. The Licensee hereby acknowledges the Issuing Authority's right to make such grants and permit such uses. (b) To the extent allowed by applicable law(s), the grant of any additional cable television license(s) shall be on substantially equivalent terms and conditions as those contained in this Renewal License. This paragraph shall be subject to specific performance. (c) The issuance of additional license(s) shall be subject to all applicable federal and state laws, including G.L.c. 166A and applicable regulations promulgated thereunder. (d) In the event that the Licensee reports to the Issuing Authority that it is at a competitive disadvantage as a result of a competing Multichannel Video Programming Distributor in the Town except for direct satellite to home providers not affiliated with a Regional Bell Operating Company, that is not required to be licensed by the Town, the Issuing Authority and the Licensee agree that Section 625 of the Cable Act will be applicable. Among other factors, the Issuing Authority will consider the nature and extent of any such competitive disadvantage in assessing a Section 625 request from the Licensee. The Issuing Authority and the Licensee agree that: (1) effective competition by another Multichannel Video Programming Distributor(s) in the Town does not exist as of the Effective Date of this Renewal License; and (2) that such competition is beyond the control of the Licensee. The Licensee shall have the right to obtain modification of requirements of this Renewal License if the Licensee demonstrates that (i) it is commercially impracticable for the Licensee to comply with such requirement and (ii) the proposal by the Licensee for modification of such requirement is appropriate because of commercial impracticability. Any final decision made by the Issuing Authority under this Section shall be made in a public proceeding. Such decision shall be made within one hundred twenty (120) days after receipt of such request by the Issuing Authority, unless otherwise extended by agreement of parties. The parties agree that the standard applied to the Licensee’s request for modification is the same as provided under the "Commercial Impracticability" provisions of the U.C.C. - recognizing, and accounting for, distinctions given the context in which it is applied under Section 625 and that regarding the sale of goods which is governed by the U.C.C.