Performance Evaluation Sessions Clause Samples

Performance Evaluation Sessions. (A) Grantor may hold performance evaluation sessions every two (2) years on the anniversary date of the effective date of this Agreement. All such evaluation sessions shall be conducted by Grantor. (B) Special evaluation sessions related to potential franchise violations may be held at any time by Grantor during the term of this Agreement. (C) All performance evaluation sessions shall be open to the public and announced at least one week in advance in the Franchise Area. (D) Evaluation sessions shall deal with the Grantee’s performance of the terms and conditions of the Franchise and compliance with state and federal laws and regulations. (E) As part of the performance evaluation session, Grantee shall submit to the Grantor a plant survey report, or map, acceptable to the Grantor which includes a description of the portions of the Franchise Area that are cabled and have all Cable Services available. Such report shall also include the number of miles and location of overhead and underground cable plant, and the number of miles (overhead and underground) and location of the I-NET as described in Section 11. If the Grantor has reason to believe that a portion or all of the Cable System does not meet the applicable FCC technical standards, the Grantor, at its expense, retains the right to appoint a qualified independent engineer to evaluate and verify the technical performance of the Cable System. (F) During evaluations under this Section, Grantee shall fully cooperate with Grantor and shall provide such information and documents as necessary and reasonable for Grantor to perform the evaluation.

Performance Evaluation Sessions. The Franchising Authority may at its discretion but not more than once a year, hold a performance evaluation session on or about the anniversary of the Effective Date of this Franchise. All such evaluation sessions shall be open to the public. The purpose of said evaluation sessions shall be to, among other things, review Franchisee's compliance to the terms and conditions of this Franchise, and hear comments, suggestions or complaints from the public. The Franchising Authority shall provide the Franchisee with thirty (30) days, advance written notice of such performance evaluation session. The Franchising Authority shall have the right to question Franchisee on any aspect concerning the construction, installation, operation or maintenance of the Cable System. During review and evaluation by the Franchising Authority, Franchisee shall fully cooperate with the Franchising Authority or its designee, and produce such documents or other materials as are reasonably requested by the Town and which are not considered proprietary by Franchisee. Franchisee shall notify its subscribers of all performance evaluation sessions by announcements on the Local Origination channel of its Cable System in the evening hours for at least five (5) consecutive days preceding each such session, provided that Franchisee shall not be required to preempt its regularly scheduled access or Local Origination programming to air these announcements.

Performance Evaluation Sessions. To provide for technological advances in the state of the art of cable communications, to promote the maximum degree of flexibility and utilization of the system, to evaluate the Franchisee’s performance and compliance with the provisions of this Ordinance and the franchise agreement, and to evaluate the performance of every operator to ensure that the quality of every operator’s service continues to reasonably meet the needs of the community, the City and each Franchisee shall comply with the following review procedures:

Performance Evaluation Sessions. A performance evaluation session may be held a maximum of once every three (3) years by the Town during the term of this Franchise. 7.5.1. All evaluation sessions shall be open to the public. Franchisee shall receive ninety (90) days prior written notice of an evaluation session. The purpose of said evaluation session shall be to review the Franchisee’s compliance with the terms and conditions of the Franchise. 7.5.2. During review and evaluation by the Town, the Franchisee shall fully cooperate with the Town and/or its designee(s), and subject to the confidentiality provisions of this Franchise, produce such documents or other materials relevant to such evaluation as are reasonably requested by the Town. Topics which may be discussed at any evaluation session may include, but are not limited to, compliance with technical standards, construction standards, consumer protection standards, customer service standards and financial reporting. 7.5.3. Within sixty (60) days after the conclusion of such session(s), the Town shall issue a written report with respect to the Franchisee’s compliance. If noncompliance is found which could result in a violation of any of the material provisions of the Franchise, in accordance with §11.1, the Franchisee shall respond and propose a plan for implementing any changes or improvements necessary.

Performance Evaluation Sessions. The City and the Franchisee shall hold scheduled performance evaluation sessions upon written request from the City. 4.6.1. Performance Evaluation sessions shall be held no more than once every three years during the Term of the Franchise. All such evaluation sessions shall be publicized in advance and be open to the public. 4.6.2. The Franchisee shall reasonably cooperate with the evaluation and shall, subject to the proprietary information provision of Section 8.7 of this Agreement, supply the City with all relevant, non-proprietary information requested. 4.6.3. If the evaluation indicates a need for modification of the Agreement, the City shall attempt to negotiate the identified changes with the Franchisee. Any changes agreed to by the City and the Franchisee shall be approved by the City Council before they become effective.

Performance Evaluation Sessions. The County and the Franchisee shall hold scheduled performance evaluation sessions. 3.9.1. Performance evaluation sessions shall be held no more than once every three (3) years during the Term of the Franchise. All such evaluation sessions shall be publicized in advance and be open to the public. 3.9.2. The Franchisee shall reasonably cooperate with the evaluation and shall, subject to the confidentiality provision of Section 9.2 of this Agreement, supply the County with all relevant information requested. 3.9.3. If the evaluation indicates a need for modification of the Agreement, the County shall attempt to negotiate the identified changes with the Franchisee. Any changes agreed to by the County and the Franchisee shall be approved by the County's Board of Supervisors before they become effective.

Performance Evaluation Sessions. Municipality and Company may hold ------------------------------- scheduled performance evaluation sessions every three (3) years from the anniversary date of Company's award of a Franchise Agreement and as may be required by federal and state law. 10.4.1 Special evaluation sessions may be held at any time during the term of a Franchise Agreement at the request of Municipality or Company, and upon ninety (90) days written notice.

Performance Evaluation Sessions. (1) The City and the grantee may hold scheduled performance evaluation sessions within 30 days of the third and sixth anniversary dates of the grantee’s award or renewal of the Franchise and as may be required by Federal and State law. All such evaluation sessions shall be open to the public. (2) Special evaluation sessions may be held at any time during the term of the ▇▇▇▇- chise at the request of the City or the grantee. (3) All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with legal notice. The grantee shall notify its subscribers of all evaluation sessions by announcements on at least one channel of its system between the hours of 7:00 P.M. and 9:00 P.M. for 5 consecutive days preceding each session. (4) Topics which may be discussed at any scheduled or special evaluation session may include, but are not limited to, service rate structures; Franchise fee, penalties or free or dis- counted services; application of new technologies; system performance; services provided; pro- gramming offered; customer complaints; privacy; amendments to the chapter; judicial and FCC rulings line extension policies; and grantee or City rules. The City acknowledges that, pursuant to Federal law, it does not have jurisdiction nor enforcement rights over all the standards and services mentioned above, including programming and the application of all new technologies under a cable television Franchise. Nothing in this subsection shall be construed as requiring the renegotiation of the cable Franchise agreement. (5) Members of the general public may add topics either by working through the negotiating parties or by presenting a petition. If such a petition bears the valid signatures of 50 or more residents of the City, the proposed topic or topics shall be added to the list of topics to be discussed at the evaluation session.

Performance Evaluation Sessions. A performance evaluation session may be held a maximum of once every three (3) years by the Town during the term of this Franchise. 7.5.1. All evaluation sessions shall be open to the public. Franchisee shall receive ninety (90) days prior written notice of an evaluation session. The purpose of said evaluation session shall be to review the Franchisee’s compliance with the terms and conditions of the Franchise. During review and evaluation by the Town, the Franchisee shall fully cooperate with the Town and/or its designee(s), and subject to the confidentiality provisions of this Franchise, produce such documents or other materials relevant to such evaluation as are reasonably requested by the Town. Topics which may be discussed at any evaluation session may include, but are not limited to, compliance with technical standards, construction standards, consumer protection standards, customer service standards and financial reporting. Within sixty (60) days after the conclusion of such session(s), the Town shall issue a written report with respect to the Franchisee’s compliance. If noncompliance is found which could result in a violation of any of the material provisions of the Franchise, in accordance with §11.1, the Franchisee shall respond and propose a plan for implementing any changes or improvements necessary. All evaluation sessions shall be announced in accordance with the legal notice requirements of similar public meetings in the Town. The Franchisee shall not be required to notice Subscribers on evaluation sessions.