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City to enforce prompt compliance. City may only waive its rights hereunder by <br /> expressly so stating in writing. Any such written waiver by City of a breach or <br /> violation of any provision of this Franchise shall not operate as or be construed to <br /> 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 <br /> other rights and remedies, existing or implied, now or hereafter available to City, <br /> at law or in equity, and such rights and remedies shall not be exclusive, but each <br /> and every right and remedy specifically given by this Franchise or otherwise <br /> existing or given may be exercised from time to time and as often and in such <br /> order as may be deemed expedient by City and the exercise of one or more rights <br /> or remedies shall not be deemed a waiver of the right to exercise at the same time <br /> or thereafter any 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 <br /> that under current law Grantee believes that said terms and conditions are not <br /> unreasonable or arbitrary, and that Grantee believes City has the power to make <br /> the terms and conditions contained in this Franchise. <br /> SECTION 14. <br /> PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS <br /> 1. Publication: Effective Date. This Franchise shall be published in accordance with <br /> applicable local and Minnesota law. The Effective Date of this Franchise shall be <br /> the date of acceptance by Grantee in accordance with the provisions of Section <br /> 14.2. <br /> 2. Acceptance. <br /> a. Grantee shall accept this Franchise within sixty (60) of its enactment by the <br /> City Council, unless the time for acceptance is extended by City. Such <br /> acceptance by the Grantee shall be deemed the grant of this Franchise for <br /> all purposes provided, however, this Franchise shall not be effective until <br /> all City ordinance adoption procedures are complied with and all applicable <br /> timelines have run for the adoption of a City ordinance. In the event <br /> acceptance does not take place, or should all ordinance adoption procedures <br /> and timelines not be completed, this Franchise and any and all rights <br /> granted hereunder to Grantee shall be null and void. <br /> b. Upon acceptance of this Franchise, Grantee and City shall be bound by all <br /> the terms and conditions contained herein. <br /> 33 <br />