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 equipment is needed. Contractor shall be responsible for
maintaining any equipment Contractor voluntarily acquires on its own initiative for
equipment 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 employee, agent, contractor or invitee of Contractor, or any producer or
other user of facilities.
5. 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 material,
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 liabilities for defamation, copyright
violation and other possible liabilities, and in such form the producer(s)/sponsor(s)/user(s)
shall acknowledge that they shall not hold the City and/or Contractor liable, and shall
indemnify the City and/or Contractor, for their own productions and or sponsored
programming.
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