(a) Except as expressly provided in this chapter, grantee shall have no recourse whatsoever against the City for any loss, cost or expense, or damages arising out of the provisions or requirements of this chapter or the rights-of-way construction permit, or because of the enforcement thereof by the City, or for the failure of the City to have the authority to grant all or any part of the rights-of-way construction permit.
(b) Grantee shall acknowledge, upon executing and accepting a rights-of-way construction permit, that it does so relying upon its own investigation and understanding of the power and authority of the City to grant such a permit.
(c) Grantee shall further acknowledge, upon executing the rights-of-way construction permit, that it has carefully read the terms and conditions of this chapter and the form of the rights-of-way construction permit, and grantee is willing to and does accept all of the risks of the meaning of the terms and conditions contained therein, and agrees that in the event of any ambiguity or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against grantee and in favor of the City.
(Ord. 2008-32. Passed 10-15-08.)