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33 <br /> <br />writing. Any such written waiver by City of a breach or violation of any provision of this <br />Franchise shall not operate as or be construed to be a waiver of any subsequent breach or <br />violation. <br /> <br />6. Rights Cumulative. All rights and remedies given to City by this Franchise or <br />retained by City herein shall be in addition to and cumulative with any and all other rights and <br />remedies, existing or implied, now or hereafter available to City, at law or in equity, and such <br />rights and remedies shall not be exclusive, but each and every right and remedy specifically <br />given by this Franchise or otherwise existing or given may be exercised from time to time and as <br />often and in such order as may be deemed expedient by City and the exercise of one or more <br />rights or remedies shall not be deemed a waiver of the right to exercise at the same time or <br />thereafter any other right or remedy. <br /> <br />7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it <br />has had an opportunity to review the terms and conditions of this Franchise and that under <br />current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and <br />that Grantee believes City has the power to make the terms and conditions contained in this <br />Franchise. <br /> <br />8. No Third Party Beneficiaries. Nothing in this Franchise Agreement is intended to <br />confer third-party beneficiary status on any member of the public to enforce the terms of this <br />Franchise Agreement. This provision does not apply to the Commission or the NSAC. <br /> <br />SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS <br /> <br />1. Publication: Effective Date. This Franchise shall be published in accordance with <br />applicable local and Minnesota law. The Effective Date of this Franchise shall January 1, 2017. <br /> <br />2. Acceptance. <br /> <br />a. Grantee shall accept this Franchise within sixty (60) of its enactment by <br />the City Council, unless the time for acceptance is extended by City. Such acceptance by <br />the Grantee shall be deemed the grant of this Franchise for all purposes provided, <br />however, this Franchise shall not be effective until all City ordinance adoption <br />procedures are complied with and all applicable timelines have run for the adoption of a <br />City ordinance. In the event acceptance does not take place, or should all ordinance <br />adoption procedures and timelines not be completed, this Franchise and any and all rights <br />granted hereunder to Grantee shall be null and void. <br /> <br />b. Upon the Effective Date and acceptance of this Franchise, Grantee and <br />City shall be bound by all the terms and conditions contained herein. <br /> <br />c. Grantee shall accept this Franchise in the following manner: <br /> <br />i. This Franchise will be properly executed and acknowledged by Grantee <br />and delivered to City.