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13.4.4 The City and Grantee shall, at all times during the term of this Franchise, <br /> including all extensions and renewals thereof, comply with applicable federal, <br /> State and local laws and regulations. <br /> 13.5 Nonenforcement by City. <br /> Grantee shall not be relieved of its obligations to comply with any of the provisions <br /> of this Franchise by reason of any failure or delay of City to enforce prompt <br /> compliance. City may only waive its rights hereunder by expressly so stating in <br /> writing. Any such written waiver by City of a breach or violation of any provision of <br /> this Franchise shall not operate as or be construed to be a waiver of any subsequent <br /> breach or violation. <br /> 13.6 Rights Cumulative. <br /> All rights and remedies given to City by this Franchise or retained by City herein shall <br /> be in addition to and cumulative with any and all other rights and remedies, existing <br /> or implied, now or hereafter available to City, at law or in equity, and such rights <br /> and remedies shall not be exclusive, but each and every right and remedy specifically <br /> given by this Franchise or otherwise existing or given may be exercised from time to <br /> time and as often and in such order as may be deemed expedient by City and the <br /> exercise of one or more rights or remedies shall not be deemed a waiver of the right to <br /> exercise at the same time or thereafter any other right or remedy. <br /> 13.7 Grantee Acknowledgment of Validity of Franchise. <br /> The Grantee acknowledges that it has had an opportunity to review the terms and <br /> conditions of this Franchise and that under current law Grantee believes that said terms and <br /> conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to <br /> make the terms and conditions contained in this Franchise.\ <br /> 13.8 Force Majeure. <br /> The Grantee shall not be deemed in default of provisions of this Franchise or the City Code <br /> where performance was rendered impossible by war or riots, labor strikes or civil <br /> disturbances, floods, or other causes beyond the Grantee's control, and the Franchise shall <br /> not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, <br /> when possible, takes immediate and diligent steps to bring itself back into compliance and <br /> to comply as soon as possible, under the circumstances, with the Franchise without <br /> unduly endangering the health, safety and integrity of the Grantee's employees or property, <br /> or the health, safety and integrity of the public, the Rights-of-Way, public property or <br /> private property. <br /> 13.9 Governing Law. <br /> This Franchise shall be governed in all respects by the law of the State of Minnesota. <br /> 46 <br /> 489232v1 RJV QU210-6 <br />