Common use of No Burden on Public Ways Clause in Contracts

No Burden on Public Ways. Franchisee shall not erect, install, construct, repair, replace or maintain its Cable Television System in such a fashion as to unduly burden the present or future use of the Public Ways. If Franchisors in their reasonable judgment determine that any portion of the Cable Television System imposes an undue burden on the Public Ways, Franchisee shall modify its system or take such other actions as Franchisors may determine are in the public interest to remove or alleviate the burden, at Franchisee’s expense, provided, however, that if Franchisee believes that the manner of erection, installation, construction, repair, replacement or maintenance is consistent with general cable industry standards or practices for comparable facilities at comparable locations, Franchisee may request relief from this provision. Franchisee shall submit a request for relief in writing, specifically explaining which industry standards and practices apply and why it should not be required to modify the system or remove or alleviate any burden. The affected Franchisor shall consider this request reasonably and in good faith and shall grant Franchisee a waiver if it determines that Franchisee has acted in accordance with industry standards and practices, and that the burden on Franchisee of any modification or other action would exceed the burden on the Public Ways. Any modification or other action to be performed by Franchisee pursuant to this section shall be completed within the time period established by Franchisors.