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I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br /> 7. The Parties agree that nothing contained herein shall <br />be deemed an admission by either party that it has either <br />failed to perform any obligations under the Franchise Agreement <br />or breached that Franchise Agreement in any manner. <br /> <br /> 8. This Amendment No. 1 shall be construed and <br />interpreted in accordance with the laws of the State of <br />Minnesota, and shall become effective if approved in <br />substantially the same form by all the Cities and accepted by <br />the Grantee within sixty (60) days of the date first above <br />written. <br /> <br /> 9. Nothing in this Amendment No. 1 shall modify the <br />responsibility and authority previously delegated by the City <br />to the Commission. <br /> <br /> 10. Grantee acknowledges~that it has had an opportunity to <br />review the terms and conditions set forth above in this Amend- <br />ment No. 1 and that under current law Grantee believes that <br />said terms and conditions are not unreasonable or arbitrary, <br />that Grantee believes the City and Grantee have the authority <br />to enter into this Amendment No. 1 and that Grantee and City <br />agree to comply with all terms of this Amendment No. 1 and that <br />Grantee and City agree that they will not challenge the terms <br />and conditions set forth above in this Amendment No. 1. <br /> <br /> 11. Article VI, Section 4.A.-D has been amended by Grantor <br />as set forth in Appendix I. Grantor and Grantee acknowledge <br />that Article VI, Section 4.C.(2) has the effect of freezing <br />rates for pay services for two years and six months. Grantor <br />and Grantee acknowledge that various pronouncements by the <br />Federal Communications Commission ("FCC") have raised questions <br />as to whether the Grantor and Grantee can agree to freeze such <br />rates for pay services. Grantee agrees that it will not <br />challenge the validity of a freeze of pay services until and <br />unless the FCC or a court of competent jurisdiction expressly <br />holds that franchise provisions purporting to freeze rates for <br />pay services are not enforceable. <br /> <br /> 12. Ail other provisions contained in the Franchise <br />Agreement shall remain in full force and effect, unless <br />specifically modified by this Amendment No. 1 or subsequent <br />amendments of the Franchise by the City. <br /> <br />0033P:3/14/84 <br /> <br /> <br />