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5.2 Litigation. If a claim or action shall be brought against <br /> the City under circumstances where indemnification applies, the <br /> Company, at its sole cost and expense, shall defend the City if written <br /> notice of the claim or action is promptly given to the company within a <br /> period wherein the Company is not prejudiced in the defense of such <br /> claim or action by lack of such notice. The Company shall have <br /> complete control of such claim or action, but it may not settle without the <br /> consent of the City, which shall not be unreasonably withheld. This <br /> section is not, as to third parties, a waiver of any defense or immunity <br /> otherwise available to the City, and the Company in defending any <br /> action on behalf of the City shall be entitled to assert every defense or <br /> immunity that the City could assert in its own behalf. <br /> SECTION 6. CHANGE IN FORM OF GOVERNMENT. <br /> Any change in the form of government of the City shall not affect <br /> the validity of this franchise. Any governmental unit succeeding the City <br /> shall, without the consent of the Company, automatically succeed to all <br /> of the rights and obligations of the City provided in this franchise. <br /> SECTION 7. SEVERABILITY. <br /> If any portion of this franchise is found to be invalid for any reason <br /> whatsoever, the validity of the remainder shall not be affected. <br /> SECTION 8. PREVIOUS FRANCHISES SUPERSEDED <br /> This franchise supersedes any previous franchise granted to the <br /> Company or its predecessor. <br /> SECTION 9. NO WAIVER. <br /> Failure to enforce any of these provisions shall not be deemed a <br /> waiver of any provision of this franchise. <br /> 8 <br />