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<br />Section 6.4 Construction Bond. <br /> <br />a. During periods in which System construction, rebuild, 4pgrade or <br />line extension costs are expected to exceed Fifty Thousank:! Dollars <br />($50,000.00), Grantee shall provide a construction bond in an amourilt mutually <br />agreed upon. <br /> <br />b. Upon completion of System construction requiring provision of a <br />construction bond, the Grantee must provide written notice to City. Within thirty <br />(30) days of receipt of such notice, the City must notify the Grantee V\{hether the <br />construction is complete or specify those items that are not complete, The City <br />may enforce the construction bond if such items of construction are not <br />thereafter completed within thirty (30) days. Upon completion of construction or <br />satisfaction of any items determined to be incomplete, the construl:;tion bond <br />shall be returned to Grantee. <br /> <br />c. I n the event the City will make any claim against the c(:>nstruction <br />bond, the City must comply with Section 14 of the Cable Ordinance! governing <br />enforcement of this Franchise. <br /> <br />d. The City's rights pursuant to the construction bond are in addition <br />to all other rights the City may have. Any action with respect to the construction <br />bond does not constitute an exclusive remedy nor limit any other right. <br /> <br />SECTION 7. MISCELLANEOUS REQUIREMENTS <br /> <br />Section 7.1 Amendment of Franchise Ordinance. <br /> <br />The Grantee and the City may mutually agree, from time to time, to flmend this <br />Franchise. Any changes, modifications or amendments to this Franchise must <br />be made in writing, signed by the City and the Grantee. Nothin~ herein is <br />intended to expand or diminish the rights given to City under state law. The City <br />reserves its lawful rights, including its police powers, ordinance-making authority, <br />and under power of eminent domain law. <br /> <br />Section 7.2 Force Majeure. <br /> <br />In the event Grantee's performance of this Franchise is prevente<rJ 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 /> <br />Section 7.3 Severability. <br /> <br />If any term, condition or provision of this Franchise or the applicatiol1 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 /> <br />RJV-257202vl <br />SH255- J <br /> <br />9 <br />