Ascertainment Process Sample Clauses
The Ascertainment Process clause defines the procedures and steps required to determine or verify specific facts, figures, or conditions relevant to the agreement. Typically, this clause outlines how parties will collect and review necessary information, who is responsible for providing documentation, and the timeline for making determinations. For example, it may specify how to confirm the achievement of performance milestones or the calculation of financial metrics. Its core practical function is to ensure a clear, fair, and systematic method for resolving uncertainties or disputes about key contractual matters, thereby reducing ambiguity and potential conflicts.
Ascertainment Process. (A) At least once every three years from the Effective Date of this Franchise, Grantee shall conduct, at its sole cost, an ascertainment of the community's views regarding the nature and adequacy of Grantee's Cable Services, and of the cable related needs and interests of the community and the preferences of Subscribers within the Grantee's Franchise Area, conducted by an independent non-affiliated entity using generally accepted market research techniques. The ascertainment shall consist of a telephone survey of a statistically valid sample of Grantee’s cable customers in the City. The survey questionnaire shall be jointly developed by the Grantee, the City and an independent research entity selected by Grantee. A written summary of the findings, prepared by the independent entity and including a description of the methodology used, and a description of any actions Grantee intends to take, shall be provided to the City. Grantee agrees that the costs and expenses associated with conducting the ascertainment and Grantee’s payment thereof are not within the meaning of the term “Franchise Fee” as defined by Section 622(g)(1) of the Cable Act (47 U.S.C. § 542(g)(1)) or any successor provision, and are within one (1) or more exclusions to the term “Franchise Fee” provided by Section 622(g)(2)(A)-(D) of the Cable Act (47 U.S.C. § 622(g)(2)(A)-(D)) or any successor provision. Grantee further agrees that such costs and expenses shall not be deemed to be: (i) “payments in kind” or involuntary payments chargeable against the compensation to be paid to the City or chargeable against the payments to any PEG entity by Grantee pursuant to Section 6 hereof, or (ii) part of the compensation to be paid to the City or the payments to any PEG entity by Grantee pursuant to Section 6 hereof.
(B) Following the ascertainment process, Grantee shall make a good faith determination of whether adjustments to its broad Programming categories or other Cable Services are reasonably necessary to accommodate the cable related community needs and interests in light of the cost of meeting those needs and interests, and, in the event such changes are determined in good faith by the Grantee to be necessary, shall implement them within a reasonable time. This provision shall not limit the City's rights pursuant to Subsection 19.1.
Ascertainment Process. (A) At least annually, Grantee shall arrange and pay for a systematic ascertainment of the community's views regarding the nature and adequacy of Grantee's Cable Services and of the cable-related needs and interests of the community and the preferences of Subscribers within the Grantee's Franchise Area, using a methodology approved by the City. An independent entity approved by the City shall conduct the ascertainment and furnish a written report of its findings. Within thirty days of receipt of the report of the ascertainment, Grantee shall provide the City with a timetable for specific actions taken or to be taken in response to the information developed.
(B) At least annually following the completion of the ascertainment process, Grantee shall make such adjustments to its broad programming categories and to its other cable services as are reasonably necessary, and as are subject to reasonable contractual requirements, to accommodate the cable- related community needs and interests reflected in the ascertainment results.
(C) Grantee shall establish and maintain an ongoing dialogue with community organizations serving the franchise area for the purpose of receiving input on programming categories and other cable related community needs and interests related to youth educational activities. Notwithstanding the foregoing, Grantee may, but shall not be required to, establish and maintain such dialogue with more than one community organization at a time.
Ascertainment Process. (A) At least annually, Grantee shall arrange and pay for a systematic ascertainment of the community's views regarding the nature and adequacy of Grantee's Cable Services, and of the cable related needs and interests of the community and the preferences of Subscribers within the Grantee's Franchise Area, conducted by an independent non- affiliated entity using generally accepted market research techniques. A written summary of the findings, prepared by the independent entity and including a description of the methodology used, and a description of any actions Grantee intends to take, shall be provided to the City.
(B) Annually following the ascertainment process, Grantee shall make a good faith determination of whether adjustments to its broad programming categories or other cable services are reasonably necessary to accommodate the cable related community needs and interests in light of the cost of meeting those needs and interests, and, in the event such changes are determined in good faith by the Grantee to be necessary, shall implement them within a reasonable time. This provision shall not limit the City's rights pursuant to Section 19.1.