06/03/2019 BOARD OF SELECTMEN Agenda Packet

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PEG Access purposes equal to three and one-half percent (3.50%) of Gross annual Revenues from the Mashpee Cable System. 2. Payments to the Access Corporation from the Town of Mashpee shall be made within thirty(30) days of the Board of Selectmen's receipt of the funding from Comcast. SECTION 9--CAPITAL-EQUIPMENT FUNDING FOR PEG ACCESS In order to fulfill its obligations pursuant to Section 5,the Access Corporation shall receive, from the Board of Selectmen,funding received from Comcast for PEG Access equipment/facilities purposes in the amount of Forty-Four Thousand Seven Hundred Fifty Eight Dollars ($44,758.00) per year. SECTION 10--OWNERSHIP AND CONTROL 1. To secure all of its obligations under this Agreement,the Access Corporation hereby grants to the Town, a security interest in all of the assets and interests currently owned or hereafter acquired by the Access Corporation through the provisions provided in Sections 8 and 9 above, and the proceeds thereof, including but not limited to, deposit accounts and inventory, and all equipment and fixtures, that are or were acquired with funds provided by or through the Town. The Access Corporation agrees to take all steps reasonably requested by the Board of Selectmen to perfect and enforce the Town's security interest, including the execution and processing of financing/financial statements and continuation statements under the Massachusetts Uniform Commercial Code. The Access Corporation shall also notify any institution with which it now or hereafter maintains any deposit account of the existence of the Town's security interest in the account. 2. All such assets and interests shall at all times remain under the exclusive control of the Access Corporation. The Access Corporation shall have the right to determine appropriate rules, procedures guidelines for the use of said equipment and to amend such rules, procedures and guidelines from time to time; provided, however,that the Access Corporation shall provide the Board of Selectmen with a copy of such rules, procedures and guidelines and any amendments thereto. In the event of dissolution of the Access Corporation, all such assets and interests referenced in paragraph (A) above shall become the property of the Town and/or its designees). 3. Upon the written request of the Access Corporation, and if judged to be reasonable and appropriate by the Board of Selectmen, the Selectmen may agree to subordinate the Town's interest to finance the purchase of equipment or property. Such subordination shall only be with respect to the specific equipment or property that the Access Corporation might wish to finance. SECTION 11—PEG ACCESS PROGRAMMING' In programming the PEG Access Channels, the Access Corporation shall comply with all Federal and State laws and regulations at all times during the term of this Agreement. 6