Technical Tests. The City may perform technical tests of the System by qualified persons with proper equipment during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the Operator or the System in order to determine whether or not the Operator is in compliance with the terms hereof and applicable federal laws. Such tests may be undertaken only after giving the Operator reasonable notice thereof, and providing a representative of the Operator an opportunity to be present during such tests. In the event that such testing demonstrates that the Operator has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by the Operator. In the event that such testing demonstrates that the Operator has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the City. Except in emergency circumstances, the City agrees that such testing shall be undertaken no more than two (2) times a year in the aggregate, and that the results thereof shall be made available to the Operator upon the Operator's request.
Appears in 3 contracts
Sources: Cable Franchise Agreement, Cable Franchise Agreement, Video Services Agreement