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Ordinance - #01-03 - 02/13/2001
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Ordinance - #01-03 - 02/13/2001
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Resolutions & Ordinances
Resolutions or Ordinances
Ordinances
Resolution or Ordinance Number
#01-03
Document Date
02/13/2001
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13.5 <br /> <br />13.6 <br /> <br />13.4.2 <br /> <br />In the event that federal or State laws, rules or regulations preempt a provision <br />or limit the enforceability of a provision of this Franchise, the provision shall be <br />read to be preempted to the extent and for the time, but only to the extent and <br />for the time, required or necessitated by law. In the event such federal or State <br />law, rule or regulation is subsequently repealed, rescinded, amended or <br />otherwise changed so that the provision hereof that had been preempted is no <br />longer preempted, such provision shall thereupon return to full force and effect, <br />and shall thereafter be binding on the parties hereto, without the requirement of <br />further action on the part of the City. <br /> <br />13.4.3 <br /> <br />If any term, condition or provision of this Franchise or the application thereof to <br />any Person or circumstance shall, to any extent, be held to be invalid or <br />unenforceable, the remainder hereof and the application of such term, condition <br />or provision to Persons or circumstances other than those as to whom it shall be <br />held invalid or unenforceable shall not be affected thereby, and this Franchise <br />and all the terms, provisions and conditions hereof shall, in all other respects, <br />continue to be effective and complied with provided the loss of the invalid or <br />unenforceable clause does not substantially alter the agreement between the <br />parties. In the event such law, rule or regulation is subsequently repealed, <br />rescinded, amended or otherwise changed so that the provision which had been <br />held invalid or modified is no longer in conflict with the law, rules and <br />regulations then in effect, said provision shall thereupon return to full force and <br />effect and shall thereafter be binding on Grantee and City without further action <br />by the City. <br /> <br />13.4.4 <br /> <br />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 /> <br />Nonenforcement by City. <br /> <br />Grantee shall not be relieved of its obligations to comply with any of the provisions of <br />this Franchise by reason of any failure or delay of City to enforce prompt compliance. <br />City may only waive its rights hereunder by expressly so stating in writing. Any such <br />written waiver by City of a breach or violation of any provision of this Franchise shall not <br />operate as or be construed to be a waiver of any subsequent breach or violation. <br /> <br />Rights Cumulative. <br /> <br />All rights and remedies given to City by this Franchise or retained by City herein shall be <br />in addition to and cumulative with any and all other fights and remedies, existing or <br />implied, now or hereafter available to City, at law or in equity, and such rights and <br />remedies shall not be exclusive, but each and every right and remedy specifically given <br />by this Franchise or otherwise existing or given may be exercised from time to time and <br />as often and in such order as may be deemed expedient by City and the exercise of one or <br /> <br />54 <br /> <br /> <br />
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