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10-11-2017 Council Packet
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10-11-2017 Council Packet
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32 <br /> <br />SECTION 13. MISCELLANEOUS PROVISIONS <br /> <br />1. Franchise Renewal. Any renewal of this Franchise shall be performed in <br />accordance with applicable federal, state and local laws and regulations. <br /> <br />2. Work Performed by Others. All applicable obligations of this Franchise shall <br />apply to any subcontractor or others performing any work or services pursuant to the provisions <br />of this Franchise, however, in no event shall any such subcontractor or other performing work <br />obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall <br />provide notice to City of the name(s) and address(es) of any entity, other than Grantee, which <br />performs substantial services in the City pursuant to this Franchise. <br /> <br />3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to <br />time, to amend this Franchise. Such written amendments may be made subsequent to a review <br />session pursuant to Section 8.6 or at any other time if City and Grantee agree that such an <br />amendment will be in the public interest or if such an amendment is required due to changes in <br />federal, state or local laws. Provided, however, nothing herein shall restrict City’s exercise of its <br />police powers. <br /> <br />4. Compliance with Federal, State and Local Laws. <br /> <br />a. If any federal or state law or regulation shall require or permit City or <br />Grantee to perform any service or act or shall prohibit City or Grantee from performing <br />any service or act which may be in conflict with the terms of this Franchise, then as soon <br />as possible following knowledge thereof, either party shall notify the other of the point in <br />conflict believed to exist between such law or regulation. Grantee and City shall conform <br />to state laws and rules regarding cable communications not later than one year after they <br />become effective, unless otherwise stated, and to conform to federal laws and regulations <br />regarding cable as they become effective. <br /> <br />b. If any term, condition or provision of this Franchise or the application <br />thereof to any Person or circumstance shall, to any extent, be held to be invalid or <br />unenforceable, the remainder hereof and the application of such term, condition or <br />provision to Persons or circumstances other than those as to whom it shall be held invalid <br />or unenforceable shall not be affected thereby, and this Franchise and all the terms, <br />provisions and conditions hereof shall, in all other respects, continue to be effective and <br />complied with provided the loss of the invalid or unenforceable clause does not <br />substantially alter the agreement between the parties. In the event such law, rule or <br />regulation is subsequently repealed, rescinded, amended or otherwise changed so that the <br />provision which had been held invalid or modified is no longer in conflict with the law, <br />rules and regulations then in effect, said provision shall thereupon return to full force and <br />effect and shall thereafter be binding on Grantee and City. <br /> <br />5. Nonenforcement by City. Grantee shall not be relieved of its obligations to <br />comply with any of the provisions of this Franchise by reason of any failure or delay of City to <br />enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in
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