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ORD 19-19
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ORD 19-19
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Last modified
2/24/2020 12:51:13 PM
Creation date
11/5/2019 10:22:06 AM
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City Government
type
CCM
date
11/4/2019
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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 />SECTION 7. MISCELLANEOUS REQUIREMENTS <br />Section 7.1 Amendment of Franchise Ordinance. <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 police <br />powers, ordinance -making authority, and under power of eminent domain law. <br />Section 7.2 Force Majeure. <br />Tn 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 />Section 7.3 Severability. <br />If any term, condition or provision of this Franchise or the application thereof to any Person <br />or circumstance is held, to any extent, invalid, preempted or unenforceable, the remainder <br />and all the terms, provisions and conditions herein must, in all other respects, continue to <br />be effective provided the loss of the invalid, preempted or unenforceable provisions do not <br />substantially alter the agreement between the Parties. In the event a law, rule or regulation <br />is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise <br />provision which had been held invalid, preempted or modified is no longer in conflict <br />therewith, such Franchise provision will return to full force and effect and thereafter be <br />binding upon thirty (30) days written notice to the Grantee. <br />Section 7.4 Nonenforcement by City. <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 />Section 7.5 Rights Cumulative. <br />All of the City's and Grantee's rights and remedies pursuant to this Franchise are in <br />addition to and not exclusive of any and all other rights and remedies available to the City <br />or Grantee. <br />0 Section 7.6 Work Performed by Others. <br />
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