A. Subject to applicable law, in the event that more than one franchise is awarded, the grantor reserves the right to limit the number of unused drop cables per residence.
B. The grantor reserves the right to grant an encroachment permit to a cable franchisee applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall be at the applicant's risk, with no recourse against the grantor in the event the pending franchise application is not granted. The grantor may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost.
C. If the grantor authorizes or permits another cable system to operate within the municipal limits of the city, it shall do so on conditions that such new cable system entrant indemnify and hold harmless the initial grantee from and against all costs and expenses incurred in strengthening poles, replacing poles, rearranging attachments, placing underground facilities and all other costs including those of the initial grantee, the city and utilities, incident to inspections, make ready, and construction of an additional cable system in the franchise area; and the initial grantee shall be designated a third party beneficiary of such conditions as are incorporated into the authorization(s) granted to such new entrant cable system. (Ord. 02-101 § 10(part), 2002).