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ORD 23-04
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ORD 23-04
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Last modified
3/22/2023 10:14:05 AM
Creation date
3/14/2023 4:15:52 PM
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City Government
type
ORD
date
3/6/2023
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Section 7.7 Entire Agreement. <br />This Franchise sets forth the entire agreement between the parties respecting the subject matter hereof. <br />All agreements, covenants, representations, and warranties, express and implied, oral and written, of <br />the parties with regard to the subject matter hereof are contained herein. No other agreements, <br />covenants, representations or warranties, express or implied, oral or written, have been made by any <br />party to another with respect to the matter of this Franchise. All prior and contemporaneous <br />conversations, negotiations, possible and alleged agreements, representations, covenants and <br />warranties with respect to the subject matter hereof are waived, merged herein and therein and are <br />superseded hereby and thereby. <br />SECTION 8. ACCEPTANCE OF FRANCHISE <br />Section 8.1 Publication and Effective Date. <br />This Franchise will be effective on the date of acceptance by Grantee. This Franchise shall be enacted <br />and published in accordance with applicable local and Minnesota law. <br />Section 8.2 Time for Acceptance. <br />a. The Grantee must accept this Franchise within sixty (60) days of enactment by the City, <br />unless the time for acceptance is extended by the City. Acceptance by the Grantee will be.deemed the <br />grant of this Franchise for all purposes. <br />b. Upon acceptance of this Franchise, the Grantee and City will be bound by all the terms, <br />conditions and obligations contained herein. <br />Section 8.3 Manner for Acceptance. <br />The Grantee must accept this Franchise in the following manner: <br />a. The Franchise must be fully executed and acknowledged by Grantee and delivered to <br />the City. <br />b. The Grantee must also deliver any construction bond and insurance certificates <br />required herein that have not previously been delivered, with its acceptance. <br />Section 8.4 Failure to Accept. <br />In the event the Grantee does not timely accept this Franchise in accordance with the requirements <br />herein, this Franchise and all rights granted herein are null and void. <br />Passed and adopted this 6t' day of March 2023. <br />DOCSOPEN\SH255\ 16\843960.v2-2/3/23 <br />
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