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Ordinance 937
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Last modified
1/28/2025 2:23:00 PM
Creation date
6/6/2018 3:16:34 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Ordinances
MEETINGDATE
10/9/2017
Commission Doc Number (Ord & Res)
937
Supplemental fields
City Council Document Type
Ordinances
Date
10/9/2017
Resolution/Ordinance Number
937
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4. Compliance with Federal, State and Local Laws. <br />a. If any federal or state law or regulation shall require or permit City or <br />Grantee to perform any service or act or shall prohibit City or Grantee from performing <br />any service or act which may be in conflict with the terms of this Franchise, then as soon <br />as possible following knowledge thereof, either party shall notify the other of the point in <br />conflict believed to exist between such law or regulation. Grantee and City shall conform <br />to state laws and rules regarding cable communications not later than one year after they <br />become effective, unless otherwise stated, and to conform to federal laws and regulations <br />regarding cable as they become effective. <br />b. If any term, condition or provision of this Franchise or the application <br />thereof to any Person or circumstance shall, to any extent, be held to be invalid or <br />unenforceable, the remainder hereof and the application of such term, condition or <br />provision to Persons or circumstances other than those as to whom it shall be held invalid <br />or unenforceable shall not be affected thereby, and this Franchise and all the terms, <br />provisions and conditions hereof shall, in all other respects, continue to be effective and <br />complied with provided the loss of the invalid or unenforceable clause does not <br />substantially alter the agreement between the parties. In the event such law, rule or <br />regulation is subsequently repealed, rescinded, amended or otherwise changed so that the <br />provision which had been held invalid or modified is no longer in conflict with the law, <br />rules and regulations then in effect, said provision shall thereupon return to full force and <br />effect and shall thereafter be binding on Grantee and City. <br />5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply <br />with any of the provisions of this Franchise by reason of any failure or delay of City to enforce <br />prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. <br />Any such written waiver by City of a breach or violation of any provision of this Franchise shall <br />not operate as or be construed to be a waiver of any subsequent breach or violation. <br />6. Rights Cumulative. All rights and remedies given to City by this Franchise or <br />retained by City herein shall be in addition to and cumulative with any and all other rights and <br />remedies, existing or implied, now or hereafter available to City, at law or in equity, and such <br />rights and remedies shall not be exclusive, but each and every right and remedy specifically given <br />by this Franchise or otherwise existing or given may be exercised from time to time and as often <br />and in such order as may be deemed expedient by City and the exercise of one or more rights or <br />remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any <br />other right or remedy. <br />7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it <br />has had an opportunity to review the terms and conditions of this Franchise and that under current <br />law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that <br />Grantee believes City has the power to make the terms and conditions contained in this Franchise. <br />1« <br />
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