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4.5. SR 01-03-2005
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4.5. SR 01-03-2005
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1/3/2005
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<br />agreement between the Parties. In the event a law, rule or regulation is <br />subsequently repealed, rescinded, amended or otherwise changed sb that the <br />Franchise provision which had been held invalid, preempted or mOd,fied is no <br />longer in conflict therewith, such Franchise provision will return to fulliforce and <br />effect and thereafter be binding upon thirty (30) days written notice to the <br />Grantee. <br /> <br />Section 7.4 Nonenforcement by City. <br /> <br />The Grantee is not relieved of its obligations to comply with this Franc~ise or the <br />Cable Ordinance due to any failure or delay of the City to enfor~e prompt <br />compliance. The City and Grantee may only waive its rights by expressly so <br />stating in writing. <br /> <br />Section 7.5 Rights Cumulative. <br /> <br />All of the City's and Grantee's rights and remedies pursuant to this Franchise are <br />in addition to and not exclusive of any and all other rights and remedies available <br />to the City or Grantee. <br /> <br />Section 7.6 Work Performed by Others. <br /> <br />All obligations of this Franchise apply to work performed by qny agent, <br />subcontractor or other Person performing any work or services on b~half of the <br />Grantee pursuant to this Franchise to the extent applicable, however, in no event <br />will any such Person obtain any rights to maintain and operate a System or <br />provide Cable Service. <br /> <br />Section 7.7 Entire Agreement. <br /> <br />This Franchise sets forth the entire agreement between the parties. respecting <br />the subject matter hereof. All agreements, covenants, represent~tions, and <br />warranties, express and implied, oral and written, of the parties with r~gard to the <br />subject matter hereof are contained herein. No other agreements, icovenants, <br />representations or warranties, express or implied, oral or written, have been <br />made by any party to another with respect to the matter of this Frarchise. All <br />prior and contemporaneous conversations, negotiations, possible and alleged <br />agreements, representations, covenants and warranties with respect to the <br />subject matter hereof are waived, merged herein and therein and are <br />superseded hereby and thereby. <br /> <br />SECTION 8. ACCEPTANCE OF FRANCHISE <br /> <br />Section 8.1 Publication and Effective Date. <br /> <br />This Franchise will be effective on the date of acceptance by Grantee. This <br />Franchise shall be enacted and published in accordance with applicable local <br />and Minnesota law. <br /> <br />RJV-257202vl <br />SH255-1 <br /> <br />10 <br />
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