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Except as provided below, any modification or amendment to this Franchise, <br />or the rights or obligations contained herein, must be within the lawful <br />exercise of City's police power, in which case the provision(s) modified or <br />amended herein shall be specifically referenced in an ordinance of the City <br />authorizing such amendment or modification. This Franchise may also be <br />modified or amended with the written consent of Grantee as provided in <br />Section 13.3 herein. <br />b. Grantee shall comply with the terms of any City ordinance or regulation of <br />general applicability which addresses usage ofthe Rights -of -Way within City <br />which may have the effect of superseding, modifying or amending the terms <br />of Section 3 and/or Section 8.5(c) herein, except that Grantee shall not, <br />through application of such City ordinance or regulation of Rights -of -Way, <br />be subject to additional burdens with respect to usage of Rights -of -Way <br />which exceed burdens on similarly situated Rights -of -Way users. <br />C. In the event of any conflict between Section 3 and/or Section 8.5(c) of this <br />Franchise and any lawfully applicable City ordinance or regulation which <br />addresses usage of the Rights -of -Way, the conflicting terms in Section 3 <br />and/or Section 8.5(c) of this Franchise shall be superseded by such City <br />ordinance or regulation, except that Grantee shall not, through application of <br />such City ordinance or regulation of Rights -of -Way, be subject to additional <br />burdens with respect to usage of Rights -of -Way which exceed burdens on <br />similarly situated Rights -of -Way users. <br />d. In the event any lawfully applicable City ordinance or regulation which <br />addresses usage of the Rights -of -Way adds to, modifies, amends, or <br />otherwise differently addresses issues addressed in Section 3 and/or Section <br />8.5(c) of this Franchise, Grantee shall comply with such ordinance or <br />regulation of general applicability, regardless of which requirement was first <br />adopted except that Grantee shall not, through application of such City <br />ordinance or regulation of Rights -of -Way, be subject to additional burdens <br />with respect to usage of Rights -of -Way which exceed burdens on similarly <br />situated Rights -of -Way users. <br />e. In the event Grantee cannot determine howto comply with any Right -of -Way <br />requirement of City, whether pursuant to this Franchise or other requirement, <br />Grantee shall immediately provide written notice of such question, including <br />Grantee's proposed interpretation, to the City with copy to the Commission, <br />in accordance with Section 2.9. The City or Commission shall provide a <br />written response within fourteen (14) days of receipt indicating how the <br />requirements cited by Grantee apply. Grantee may proceed in accordance <br />with its proposed interpretation in the event a written response is not received <br />within seventeen (17) days of mailing or delivering such written question. <br />7 <br />