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• be made in writing, signed by the City and FiberNet. Nothing herein is intended <br /> to expand or diminish the rights given to City under state law. The City reserves <br /> its lawful rights, including its police powers and ordinance-making authority. <br /> Section 7.2 Force Majeure. <br /> In the event FiberNet's performance of this Franchise is prevented due to a <br /> cause beyond its reasonable control, such failure to perform must be excused for <br /> the period of such inability to perform. <br /> Section 7.3 Severability. <br /> If any term, condition or provision of this Franchise or the application thereof to <br /> any person or circumstance is held, to any extent, invalid, preempted or <br /> unenforceable, the remainder and all the terms, provisions and conditions herein <br /> must, in all other respects, continue to be effective provided the loss of the <br /> invalid, preempted or unenforceable provisions do not substantially alter the <br /> agreement between the parties. In the event a law, rule or regulation is <br /> subsequently repealed, rescinded, amended or otherwise changed so that the <br /> Franchise provision which had been held invalid, preempted or modified is no <br /> longer in conflict therewith, such Franchise provision will return to full force and <br /> effect and thereafter be binding upon thirty (30) days written notice to FiberNet. <br /> • Section 7.4 Nonenforcement by City. <br /> FiberNet is not relieved of its obligations to comply with this Franchise or the <br /> Cable Ordinance due to any failure or delay of the City to enforce prompt <br /> compliance. The City and FiberNet may each only waive its rights by expressly <br /> so stating in writing. <br /> Section 7.5 Rights Cumulative. <br /> All of the City's and FiberNet's rights and remedies pursuant to this Franchise <br /> are in addition to and not exclusive of any and all other rights and remedies <br /> available to the City or FiberNet. <br /> Section 7.6 Work Performed by Others. <br /> All obligations of this Franchise apply to work performed by any agent, <br /> subcontractor or other person performing any work or services on behalf of <br /> FiberNet pursuant to this Franchise to the extent applicable, however, in no <br /> event will any such person obtain any rights to maintain and operate a Cable <br /> System or provide Cable Service. <br /> • <br /> City of Monticello Ordinance 514 10 <br />