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• <br />• <br />• <br />X10.1. Severability. Every section, provision, or part of this Ordinance is <br />declared separate from every other section, provision, or part; and if any section, provision, or <br />part shall be held invalid, it shall not affect any other section, provision, or part. Where a <br />provision of any other City ordinance conflicts with the provisions of this Ordinance, the <br />provisions of this Ordinance shall prevail. <br />9.2 10.2. Limitation on Applicability. This Ordinance constitutes a franchise <br />agreement between the City and Company as the only parties and no provision of this franchise <br />shall in any way inure to the benefit of any third person (including the public at large) so as to <br />constitute any such person as a third party beneficiary of the agreement or of any one or more of <br />the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. <br />SECTION X11. AMENDMENT : PROCEDURE. <br />Either party to this franchise agreement may at any time propose that the agreement be <br />amended to address a subject of concern and the other party will consider whether it agrees that <br />the amendment is mutually appropriate. If an amendment is agreed upon, this. This Ordinance <br />may be amended at any time by the City passing a subsequent ordinance declaring the provisions <br />of the amendment, which amendatory ordinance shall become effective upon the filing of <br />Company's written consent thereto with the City Clerk within 90 days after the date of final <br />passage by the Cityby City council adoption of the amendatory ordinance. <br />SECTION 1-1-12. PREVIOUS FRANCHISES SUPERSEDED. <br />This franchise supersedes any previous Gas franchise granted to Company or its <br />predecessor. <br />Passed and approved: <br />200. <br />Attest: <br />City Clerk, Lino Lakes, Minnesota <br />Date Published: <br />333271v1 JMS KG400 -3 <br />Mayor of the City of Lino Lakes, Minnesota <br />