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<br />d. In the event the City will make any claim against the bond or otherwise <br />seeks to assess liquidated damages, the City must comply with Section 14 of the Cable <br />Ordinance governing enforcement of this Franchise. <br /> <br />e. The City’s rights herein are in addition to all other rights the City may have <br />and the City’s exercise of such rights does not constitute an exclusive remedy nor limit any <br />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 amend this Franchise. <br />Any changes, modifications or amendments to this Franchise must be made in writing, <br />signed by the City and the Grantee. Nothing herein is intended to expand or diminish the <br />rights given to City under state law. The City reserves its lawful rights, including its <br />police powers, ordinance-making authority, 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 prevented due to a cause beyond <br />its reasonable control, such failure to perform must be excused for the period of such <br />inability to perform. <br /> <br />Section 7.3 Severability. <br /> <br />If any term, condition or provision of this Franchise or the application thereof to any <br />Person or circumstance is held, to any extent, invalid, preempted or unenforceable, the <br />remainder and all the terms, provisions and conditions herein must, in all other respects, <br />continue to be effective provided the loss of the invalid, preempted or unenforceable <br />provisions do not substantially alter the agreement between the Parties. In the event a <br />law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed <br />so that the 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 effect <br />and thereafter be binding upon thirty (30) days written notice to the Grantee. <br /> <br /> Section 7.4 Nonenforcement by City. <br /> <br />The Grantee is not relieved of its obligations to comply with this Franchise or the Cable <br />Ordinance due to any failure or delay of the City to enforce prompt compliance. The City <br />and Grantee may only waive its rights by expressly so stating in writing. <br /> <br />Section 7.5 Rights Cumulative. <br /> <br />526220v5 RJV SH255-14 <br />9 <br /> <br />