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provision which had been held invalid or modified is no longer in conflict with <br />the law, rules and regulations then in effect, said provision shall thereupon return <br />to full force and effect and shall thereafter be binding on Grantee and City without <br />further action by the City. <br />13.4.4 The City and the Grantee shall, at all times during the term of this Franchise, <br />including all extensions and renewals hereof, comply with applicable federal, <br />State and local laws and regulations. <br />13.5 Nonenforcement by City. <br />Grantee shall not be relieved of its obligations to comply with any of the provisions of <br />this Franchise by reason of any failure or delay of City to enforce prompt compliance. <br />City may only waive its rights hereunder by expressly so stating in writing. Any such <br />written waiver by City of a breach or violation of any provision of this Franchise shall not <br />operate as or be construed to be a waiver of any subsequent breach or violation. <br />13.6 Rights Cumulative. <br />All rights and remedies given to City and the Commission by this Franchise or retained <br />by City or the Commission herein shall be in addition to and cumulative with any and all <br />other rights and remedies, existing or implied, now or hereafter available to the City and <br />the Commission, at law or in equity, and such rights and remedies shall not be exclusive, <br />but each and every right and remedy specifically given by this Franchise or otherwise <br />existing or given may be exercised from time to time and as often and in such order as <br />may be deemed expedient by the City and the Commission and the exercise of one or <br />more rights or remedies shall not be deemed a waiver of the right to exercise at the same <br />time or thereafter any other right or remedy. <br />13.7 Grantee Acknowledgment of Validity of Franchise. <br />The Grantee acknowledges that it has had an opportunity to review the terms and <br />conditions of this Franchise and that under current law Grantee believes that said terms <br />and conditions are not unreasonable or arbitrary, and that Grantee believes City has the <br />power to make the terms and conditions contained in this Franchise. <br />13.8 Force Maieure. <br />The Grantee shall not be deemed in default of provisions of this Franchise or the City <br />Code where performance was rendered impossible by war or riots, labor strikes or civil <br />disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall <br />not be revoked or the Grantee penalized for such noncompliance, provided that the <br />Grantee, when possible, takes immediate and diligent steps to bring itself back into <br />compliance and to comply as soon as possible, under the circumstances, with the <br />Franchise without unduly endangering the health, safety and integrity of the Grantee's <br />48 <br />