A. Nonmaterial provisions. If any provision of this Chapter or any related agreements is held by any court or by any Federal, State or local agency of competent jurisdiction to be invalid as conflicting with any Federal, State or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered non-material by the Grantor, said provision shall be considered a separate, distinct and independent part of this Chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which has been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, provided that the Grantor shall give the Grantee thirty (30) days written notice of such change before requiring compliance with said provision.
B. Material provisions. If any material section of this Chapter, as determined by the Grantor and the Grantee, is held to be invalid or preempted by Federal, State or County regulations or laws, resulting in a material adverse consequence to either party, the Grantor and Grantee shall attempt to negotiate appropriate modifications to the franchise to provide reasonable relief to the Grantor or Grantee from such invalidity or preemption, including the payment of damages. If the parties are unable to reach agreement on such modifications, then the dispute shall be submitted to a mutually agreeable arbitrator, in accordance with State law, who shall determine what modifications and/or liquidated damages are appropriate. The arbitrator's decision shall be binding on the parties, provided, that no decision of the arbitrator shall require the Grantor or Grantee to be in violation of any Federal or State law or regulation.
('65 Code, § 35B-14(b), (c)) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)