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ORD 05-002
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ORD 05-002
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Last modified
12/3/2007 3:37:21 PM
Creation date
9/8/2005 8:37:12 AM
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City Government
type
ORD
date
1/3/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <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 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 /> <br />Section 7.3 Severability. <br /> <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subsequently repealed, rescinded, amended or otherwise changed so that the 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 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 Franchise or the <br />Cable Ordinance due to any failure or delay of the City to enforce 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 any agent, <br />subcontractor or other Person performing any work or services on behalf 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 />RJV-257202vl <br />SH255-1 <br /> <br />10 <br /> <br />[; O'~ <br />
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