Finance Committee - Agenda - 5/18/2022 - P111
and facilitating maintenance and repairs on such Equipment if it is owned by the City;
however, if such Equipment was acquired by a Contractor or a third party (e.g., cable
operator) with a duty to fund or perform maintenance and repairs on such Equipment,
then the City shall be responsible for facilitating, as opposed to funding, such
maintenance and repairs. The process for securing the necessary maintenance and repairs
of such Equipment, should same become necessary, shall be as follows: Upon reasonable
request and notice by Contractor, the City shall endeavor to facilitate and/or fund
(depending on the owner of such Equipment) the repair of non-essential video,
production, editing and broadcast equipment within thirty (30) days; however, for
essential video, production, editing and broadcast equipment, computers, etc. that are
essential and necessary for the full performance of Contractor’s obligations hereunder,
the City shall endeavor to make arrangements for repairs not later than ten (10) days from
the date such repair is requested. If City and Contractor mutually agree that replacement
of such non-essential or necessary Equipment is necessary or advisable, to initiate the
procurement process for such replacement as soon as possible, but not later than ten (10)
days from the date it is determined that replacement cquipment is needed. Contractor
shall be responsible for maintaining any equipment Contractor voluntarily acquires on its
own initiative for cquipment above and beyond the equipment provided by the City
and/or cable company.
Notwithstanding the text above, the parties agree that nothing herein shall relieve Contractor
of its obligations to seek monetary and, if appropriate, non-monetary damages for any
equipment that is broken or destroyed due to the negligence or willful misconduct of any
employce, agent, contractor or invitee of Contractor, or any producer or other user of facilities.
Contractor will not knowingly permit (and will institute protections to help prevent), any
facility it manages or the cable channel under its control to be used for the production or
dissemination, regardless of the technology used, of any material that can be legally defined
as Obscene, found to be defamation, libel and/or slander; in violation of copyright or other
intellectual property law, commercial speech inconsistent with the requirements for non-
commercial public access programming; material in violation of privacy or misappropriation
laws; material lacking proper consents and/or authorizations; or other unlawful matcrial,
subject to and in accordance with applicable law regarding what constitutes unlawful
programming and the due process that may be applicable with respect to limitations,
restrictions, prohibitions, remedies, sanctions, settlement agreements and other dispositions
regarding such programming.
a. Contractor shall make good faith efforts to prevent the airing of such obscene
programming and shall suspend, any such programming subject to applicable law, if and
when Contractor receives actual and reasonable knowledge of the unlawful content
and/or character of that programming.
b. Contractor shall require program producers and or program sponsors to sign a user and/or
producer/sponsor form (however termed) by which the producer(s)/sponsor(s)/user(s)
accept responsibility for liabilities, if any, arising from the cablecasting of their productions
or sponsored programming, including but not limited to Hiabilities for
