06/03/2019 BOARD OF SELECTMEN Agenda Packet

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AGREEMENT BETWEEN THE TOWN OF MASHPEE AND MASHPEE COMMUNITY MEDIA CENTER, INC. This Agreement is made this day of, 2019 by and between the Board of Selectmen of the Town of Mashpee, Massachusetts (hereinafter) referred to as the "Town" and the Board of Directors of Mashpee Community Media Center, Inc. (hereinafter referred to as "the Access Corporation" or "Mashpee TV") a non-profit tax-exempt corporation duly established under the laws of the Commonwealth of Massachusetts. WHEREAS, the Board of Selectmen, as statutory Issuing Authority, granted a Cable Television Renewal License to Comcast of Massachusetts, Inc. ('-'Comcast"), as Licensee, on August 22, 2011; and WHEREAS, the Board of Selectmen of the Town and the Board of Directors of the Access Corporation wish to reach agreement regarding the production and cablecasting of Public, Education and Government Access programming in Mashpee. NOW THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound,the parties agree as follows: SECTION 1--DEFINITIONS For the purpose of this Agreement, the following words, terms, phrases and their derivations shall have the meanings given herein, unless context clearly requires a different meaning. When not inconsistent with the context,the masculine pronoun includes the feminine pronoun, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. Access: the right or ability of any Mashpee resident and/or any persons affiliated with a Mashpee institution to use designated Public, Education and Government("PEG)"facilities, equipment and or PEG channels on the Cable television System, subject to the conditions and procedures established for such use. 2. Access Channel: A video channel which Comcast owns and shall make available to the Town of Mashpee and/or Access users, Without charge, for the purpose of transmitting non-commercial programming by members of the public,Town departments and agencies, public schools, educational, institutional.and similar organizations. 3. Access Corporation: The entity, as designated from time to time by the Board of Selectmen, for the purpose of operating and managing the use of PEG Access funding, equipment, channel capacity, facilities, training and programming for Mashpee Subscribers. 1