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10 • 91,e <br /> AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND <br /> COX, COM, INC. DBA COX COMMUNICATIONS PV ("COX") FOR THE <br /> CONNECTION OF THE CITY CABLE STUDIO TO THE COX HEADEND IN <br /> THEIR PALOS VERDES OFFICE <br /> This Agreement is between the City of Rancho Palos Verdes ("City") and <br /> CoxCom, Inc. dba Cox Communications PV ("Cox"), and is dated as of Septem- <br /> ber2 , 2004. <br /> Whereas, Cox has agreed to connect the City's Television Studio ("Stu- <br /> dio") located at Upper Point Vicente Park in the Civic Center complex at 30940 <br /> Hawthorne Blvd to the Cox facilities located at 43 Peninsula Center, Rolling Hills <br /> Estates, CA 90274, i.e. the "Cox headend" to enable the City to broadcast pro- <br /> gramming directly from the Studio for viewing by the public on Cox Cable Chan- <br /> nel 33; and <br /> Whereas, the purpose of this Agreement is to more fully describe the <br /> terms of the agreement between Cox and the City to connect the Studio as well <br /> as to identify the responsibilities of each party with regard to the ownership and <br /> maintenance of the connection devices as is more particularly set forth below: <br /> NOW THEREFORE BE IT RESOLVED THAT <br /> 1. Cox will install, or cause to have installed, a fiber optic connection from the <br /> Cox headend at the Peninsula Center to the City Studio along with a <br /> modulator at each end of the connection, and necessary appurtances, to <br /> make a one-way working video and audio television connection between <br /> the Studio to enable direct broadcast onto Cox Channel 33. Each modula- <br /> tor will be backed up by a second modulator in the event of malfunction. <br /> The point of connection to the Studio will be mutually agreed on by City <br /> and Cox. <br /> 2. The materials and equipment provided and installed by Cox, or under the <br /> direction of Cox, will be comparable to and compatible with materials and <br /> equipment that are utilized by Cox in its own facilities. <br /> 3. Cox will install the connection within a reasonable time. In that regard, <br /> Cox has provided a schedule describing the tasks to be completed and a <br /> time frame within which the installation of the connection can be installed <br /> and tested, which is attached as Exhibit "A" to this MOU and incorporated <br /> herein by this reference. Notwithstanding, Cox shall incur no liability <br /> and/or penalty for failure to complete the installation within the time set <br /> forth in Exhibit A. <br /> 1 <br />