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b. Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be used by Grantee if City, in its sole opinion, determines that such use is inconsistent with the terms, conditions, or provisions by which such Right -of -Way was created or dedicated, or with the present use of the Right -of -Way. c. This Franchise shall be nonexclusive, and City reserves the right to grant a similar use of said Rights -of -Way to any Person at any time during the period of this Franchise. The terms and conditions of any such grant of use of the Rights -of -Way shall be, when taken as a whole and taking into account the planned usage of the Rights -of -Way, no less burdensome or more beneficial than those imposed upon Grantee pursuant to this Franchise. 3. Lease or Assignment Prohibited. No Person may lease Grantee's System for the purpose of providing Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10, Paragraph 5. 4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 13 herein, this Franchise shall supersede and replace any previous Ordinance granting a Franchise to Grantee. This Franchise shall not supersede any other agreement which City or its designee(s) may have entered into with Grantee, unless the express terms and conditions of that agreement specifically contemplates this Franchise superseding such agreement. [Language in the Section below is proposed by the Commission. Responsive language from Gibbs is expected.] 6. Compliance with Applicable Laws. Resolutions and Ordinances. a. The terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the System in City. However, the Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, local ordinance - making authority, and eminent domain rights of City. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of City's police power, Page 22