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A. In the event that the company expands the number of cable television channels beyond twelve (12) channels, then the company shall reserve and dedicate one access channel to the city for public use by the city and others, and the city shall have the sole power to determine public use of said dedicated channel. The company shall not be required to provide more than one access channel for use by all municipalities served by the cable television system. The city acknowledges that the company has no studio and very limited equipment for use in the cable television system at present. This section shall not be construed as a requirement on the company to acquire a studio or additional equipment. However, if the company, in its discretion does acquire a studio or equipment for use within the city, the company shall make such studio and equipment available to the city for a reasonable fee for the purpose of producing programming for public access. The company shall be permitted to reasonably regulate the use of its studio and equipment to prevent misuse or abuse of the public access channel or its studio or equipment.
B. In the case of any emergency or disaster, the company shall, upon request of the city, make available its facilities to the city for emergency use during the emergency or disaster period.
C. The city hereby holds the company harmless against and from all claims, demands, causes of actions, suits, actions, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of any of the above uses, including, but not limited to, any inability to provide emergency messages, failure for any reason to provide emergency messages, or negligence of the company or any other person in providing emergency messages. (Ord. A-408, 5-2-1982)