(A) Preferential or discriminatory practices prohibited. In connection with the performance of work under this franchise, grantee agrees not to refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and grantee further agrees to insert the foregoing provision in all subcontracts hereunder. Throughout the term of this franchise, grantee shall fully comply with all equal employment or non-discrimination provisions and requirements of federal, state and local laws and, in particular, FCC rules and regulations relating thereto.
(B) Notices. Throughout the term of the franchise, each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent via overnight delivery postage prepaid to such respective address, and such notices shall be effective upon the date of mailing. These addresses may be changed by the city or grantee by written notice at any time. At the effective date of this franchise:
Grantee's address shall be:
Comcast of New Mexico, LLC
8440 Washington St. NE
Albuquerque, NM 87113
Attn: Government Affairs
With a copy to:
Comcast of New Mexico, LLC
1899 Wynkoop Street, Suite 55
Denver, CO 80202
Attn: Franchising Department
The city's address shall be:
Chief Administrative Officer
City of Albuquerque
Mayor's Office
P.O. Box 1293
Albuquerque, NM 87103
With a copy to:
City Attorney
City of Albuquerque
Office of the City Attorney
P.O. Box 2248
Albuquerque, NM 87103
(C) Descriptive headings. The headings and titles of the sections and subsections of this franchise are for reference purposes only and shall not affect the meaning or interpretation of the text herein.
(D) Publication costs to be borne by grantee. Grantee shall reimburse the city for all costs incurred in publishing this franchise, if such publication is required.
(E) Binding effect. This franchise shall be binding upon the parties hereto, their permitted successors and assigns.
(F) No joint venture. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other.
(G) Waiver. The failure of the city at any time to require performance by grantee of any provision hereof shall in no way affect the right of the city hereafter to enforce the same. Nor shall the waiver by the city of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself or any other provision.
(H) Reasonableness of consent or approval. Whenever under this franchise "reasonableness" is the standard for the granting or denial of the consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations.
(I) Entire agreement. This franchise and all exhibits represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations between the parties.
(J) Jurisdiction. Venue for any judicial dispute between the city and grantee arising under or out of this franchise shall be in Bernalillo County District Court, New Mexico, or in the United States District Court in Albuquerque.