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<br />,tDbiic notices...
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<br />\0;. Continued from Page 12
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<br />~ii~'!JJlay be in. conflict with the terms of '!iis
<br />. Franchise, then as soon as possible follOWing
<br />k!Ul~e<Jge thereof, either party shall notify tt,le
<br />Q\QllI'Qf the point in conflict believed to eXist
<br />~n such law or regulation(Grantee 8nd
<br /><eiJlt ~.lJall conform to stateJawsand rules
<br />r~ardingcabJe communications not later than
<br />~iy~r after they become effective, 'unless
<br />qtbel:Wise stated, and to conform .to federal
<br />I~WSand regulations regarding cable as they
<br />Qm;Qml'J effective. '
<br />alp-b,. If any term, condition or provision of
<br />this Franchise or the application thereof to any
<br />!;>'r&onor circumstances shall, to any extent,
<br />I),$'held to I)e invalid or unenforceable, the
<br />~ail'lder hereof and the applleation of such
<br />~m,conditionor prOViSion to Persons or
<br />~(pumstances other than those as to whom it
<br />~a11 be held invalid or unenforlie'ableshall not
<br />~ affected thereby, and this Franchise and all
<br />~ terms, provisions and conditions hereof
<br />$./jail, in all other respects, continue to be
<br />aft~~ve and complied with provided the loss of
<br />~ jrwalid or un.enforceable clause does not
<br />I!W>stantially aller the agreement between the
<br />~i:tjes. In the event such law, rule or regulation
<br />~.s.vbsequently repealed, rescinded, ame~~ed
<br />8rOlherwise changed so that the provIsion
<br />~ich had been held invalid or modified is no
<br />l'ongerin conflict with the ,law, ~ules and
<br />~U1ation. s then in effect, s. aid pro. Vis..ion. shall
<br />>>?ereupon return to full force and effect and
<br />~ba.llth.ereafter be binding on Gram.ee and City.
<br />"11. Nonenforcement by CilY.. Grantee shall
<br />1I9t t)8 relieVed of its obligations to comply With
<br />any,"af the prOViSions of this Franchise by
<br />~son of any failure or delay of City to enforce
<br />1?,'P,mPt compliance. City may only waive its
<br />rights hereunder by expresSly so stating,in
<br />~~ting. Any such written waiver by City of a
<br />,.~ach orviOla.tion of any provision of this
<br />, ,~chise f\halJ not operate as or be construed
<br />Wi bea \yaiver of any SubSequent breach or
<br />jl(t~lation. : ,
<br />~i Rights Cumulativ~. All rights and
<br />rNrredies given to City by this Franchi~' or
<br />~~ajQed by City h~rein shall be in additi?n to
<br />ltustcumulative With any and all other nghts
<br />and remedies, existing or implied, now or
<br />hereafter available to CJty, at law or in equity,
<br />and ,such rights and remedies shall not be
<br />Ej3Cplusive, but each and every right and remedy
<br />sJ!llciftcally given by this Franchise or otherwise
<br />i'~sting.or given may be. exercised from time to
<br />me and'aS often.and in such order as may I)e '
<br />\*lmed e,XPedient by Cily and the exercise of
<br />,?[1eor more rights or remedies shall not be
<br />QIWmed a waiver of the right to exercise at the
<br />. ~?;Hmetime or thereafter any other right or
<br />g;lr;nedy.
<br />1: Grantee Acknowledgment of Validity of
<br />Franchis~. Grantee acknOwledges that it has
<br />IJSid an Opportunity to review the terms and
<br />C:obdilions of this Franchise and that under
<br />~uireill law Grantee believes that said terms
<br />a:i,id conditions ,are not unreasonable or'
<br />~r1?itrary, and that Grantee believes City has
<br />the power to make the terms and cond/tlons
<br />c:prtained in this Franchise.
<br />;, . 'SECTION 14.
<br />':.' PUBLICATION EFFECTIVE DATE;
<br />~~J' . ACCEPTANCE AND EXHIBITS
<br />
<br />f'ublicatiorl: Effective Dam. This Franchise
<br />shall be publiShed in acc:ordance with
<br />applicable local andM;nnesota law. The
<br />Effective Date of this Franchise shall be the
<br />date ofacceplance by Grantee in accordance
<br />w.ih the provisions of Section 14.2. . .
<br />2. AcceDlan~.
<br />a. Grantee sharr accept this Franchise
<br />within sixty (60) of its enactment by the City
<br />CounCil, unless the time for acceptance ;s
<br />extended by City. Such acceptance by the
<br />Grantee shall be deemed the. grant of this
<br />Franchise for all purposes provided, however,
<br />this Franchise Shall not be effective until all City
<br />ordinanCe adoption procedures are complied
<br />With and all applicable timeljnes have run for
<br />the adoption of a City ordinance. In the event !
<br />acceptance does not take place, or should all
<br />ordinance adoption procedures and timelines
<br />not be completed, this Franchise and any and
<br />all rights granted hereunder to Grantee shall be
<br />null and void.
<br />b. Upon, acceptance of this Frarychise,
<br />Grantee and City shall be bound by alf the
<br />terms and COnditions contained herein.
<br />c. Grantee shall accept this Franchise in
<br />the follOWing manner:
<br />i. This Franchise will be properly
<br />executed and acknOwledged by Grantee and
<br />delivered to City.
<br />ii. Wi.th its acceptance, Grantee shalf
<br />also deliver any grant payments, performance
<br />bond and insurance certificates required herein
<br />that have not previously been delivered,
<br />PaSSed and adopted this 21 day of~, 1998
<br />CITY OF MOUNDS VIEW
<br />By: Isf Duane McCarty
<br />Mayor, City of Mounds View
<br />
<br />ArreST:
<br />By: Is! ChUCk Whitlns '
<br />, City Clerk'~dmlnlstrator
<br />(Bulletin:Aug.5,1998)
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