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Agenda Packets - 1998/05/04
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Agenda Packets - 1998/05/04
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Last modified
1/28/2025 4:47:46 PM
Creation date
6/18/2018 6:00:01 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
5/4/1998
Supplemental fields
City Council Document Type
City Council Packets
Date
5/4/1998
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2. Work Performed by Others. All applicable obligations of this Franchise shall <br /> apply to any subcontractor or others performing any work or services pursuant to <br /> the provisions of this Franchise, however, in no event shall any such subcontractor <br /> or other performing work obtain any rights to maintain and operate a System or <br /> provide Cable Service. Grantee shall provide notice to City of the name(s) and <br /> address(es) of any entity, other than Grantee, which performs substantial services <br /> pursuant to this Franchise. <br /> 3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to <br /> time, to amend this Franchise. Such written amendments may be made subsequent <br /> to a review session pursuant to Section 7.5 or at any other time if City and Grantee <br /> agree that such an amendment will be in the public interest or if such an <br /> amendment is required due to changes in federal, state or local laws. Provided, <br /> however, nothing herein shall restrict City's exercise of its police powers or City's <br /> authority to unilaterally amend Franchise provisions to the extent permitted by law. <br /> 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 <br /> • <br /> from performing any service or act which may be in conflict with the terms <br /> of this Franchise, then as soon as possible following knowledge thereof, <br /> either party shall notify the other of the point in conflict believed to exist <br /> between such law or regulation. Grantee and City shall conform to state <br /> laws and rules regarding cable communications not later than one year after <br /> they become effective, unless otherwise stated, and to conform to federal <br /> laws and regulations 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 <br /> invalid or unenforceable, the remainder hereof and the application of such <br /> term, condition or provision to Persons or circumstances other than those <br /> as to whom it shall be held invalid or unenforceable shall not be affected <br /> thereby, and this Franchise and all the terms, provisions and conditions <br /> hereof shall, in all other respects, continue to be effective and complied <br /> with provided the loss of the invalid or unenforceable clause does not <br /> substantially alter the agreement between the parties. In the event such <br /> law, rule or regulation is subsequently repealed, rescinded, amended or <br /> otherwise changed so that the provision which had been held invalid or <br /> modified is no longer in conflict with the law, rules and regulations then in <br /> effect, said provision shall thereupon return to full force and effect and <br /> 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 <br /> 32 <br />
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