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Way users. In no event shall the City adopt or amend any City ordinance or <br /> regulation so as to modify the build out requirements set forth in Sections <br /> 4.3.1(ii) and 4.3.1(iii) herein without the Grantee's consent. <br /> 2.5.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this <br /> Franchise and any lawfully applicable City ordinance or regulation which <br /> addresses usage of the Rights-of-Way, the conflicting terms in Section 3 <br /> and/or Section 8.5.3 of this Franchise shall be superseded by such City <br /> ordinance or regulation; except that the Grantee shall not, through <br /> application of such City ordinance or regulation of Rights-of-Way, be <br /> subject to additional burdens with respect to usage of Public Rights-of-Way <br /> that exceed burdens on similarly situated Right-of-Way users. Section 4 of <br /> this Franchise shall not be superceded by any allegedly conflicting provision <br /> of a City ordinance or regulation. <br /> 2.5.4 In the event any lawfully applicable City ordinance or regulation which <br /> addresses usage of the Rights-of-Way adds to, modifies, amends, or <br /> otherwise differently addresses issues addressed in Section 3 and/or Section <br /> 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or <br /> regulation of general applicability, regardless of which requirement was first <br /> adopted; except that the Grantee shall not, through application of such City <br /> ordinance or regulation of Rights-of-Way, be subject to additional burdens <br /> with respect to usage of Rights-of-Way that exceed burdens on similarly situated <br /> Rights-of-Way users. Section 4 of this Franchise shall not be superceded by <br /> any allegedly conflicting provision of a City ordinance or regulation. <br /> 2.5.5 In the event the Grantee cannot determine how to comply with any Right-of-Way <br /> requirement of the City, whether pursuant to this Franchise or other requirement, <br /> the Grantee shall immediately provide written notice of such question, including <br /> the Grantee's proposed interpretation, to the City. The City shall provide a written <br /> response within ten (10) business days of receipt indicating how the requirements <br /> cited by the Grantee apply. The Grantee may proceed in accordance with its <br /> proposed interpretation in the event a written response is not received within <br /> thirteen(13)business days of mailing or delivering such written question. <br /> 2.6 Rules of Grantee. <br /> The Grantee shall have the authority to promulgate such rules, regulations, terms and <br /> conditions governing the conduct of its business as shall be reasonably necessary to enable <br /> said Grantee to exercise its rights and perform its obligations under this Franchise and <br /> applicable law, and to assure uninterrupted service to each and all of its Subscribers; <br /> provided that such rules, regulations, terms and conditions shall not be in conflict with <br /> provisions of this Franchise or applicable law. <br /> 9 <br /> 489232v1 RIV QU210-6 <br />