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2002-011 Council Ordinances (2)
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2002-011 Council Ordinances (2)
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City Council
Council Document Type
Ordinances
Meeting Date
10/28/2002
Council Meeting Type
Regular
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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 />employees or property, or the health, safety and integrity of the public, the Rights -of - <br />Way, public property or private property. <br />13.9 Governing Law. <br />This Franchise shall be governed in all respects by the laws of the State of Minnesota. <br />13.10. Captions and References. <br />13.10.1 The captions and headings of sections throughout this Franchise are intended <br />solely to facilitate reading and reference to the sections and provisions of this <br />Franchise. Such captions shall not affect the meaning or interpretation of this <br />Franchise. <br />13.10.2 When any provision of the City Code is expressly mentioned herein, such <br />reference shall not be construed to limit the applicability of any other provision <br />of the City Code that may also govern the particular matter in question. <br />13.11. Rights of Third Parties. <br />This Franchise is not intended to, and shall not be construed to, grant any rights to or vest <br />any rights in third parties, unless expressly provided herein. <br />64 <br />
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