A. The franchise granted by this chapter is nonexclusive.
B. No privilege or exemption is granted or conferred by this franchise except those specifically prescribed herein.
C. Any privilege claimed under this franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.
D. This franchise is a privilege to be held in personal trust by the grantee and by any assignee thereof. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution, and then only under such conditions as may be therein prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the City Clerk within thirty days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee must show financial responsibility and must file with the City Clerk its acceptance of the assignment and its agreement to assume, perform, and to be bound by, and to comply with, all of the provisions of this franchise; and provided further, that no such consent shall be required for a transfer in trust, mortgage or other hypothecation as a whole, to secure an indebtedness, but shall be required before any assignment is made in compliance with any authority under any such security transaction.
E. Time is of the essence of this franchise. The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise or by any failure of the City to enforce prompt compliance therewith.
F. Any right or power given to, and any duty impressed upon, any officer, employee, department, or board of the City shall be subject to transfer by the Council to any other officer, employee, department, or board of the City.
G. Except for the City's gross negligence or intentional misconduct, the grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or because of its enforcement.
H. Except as limited by the State and Federal law, the grantee shall be subject to all requirements of City ordinances, rules, regulations and specifications heretofore or hereafter enacted or established, provided that any such requirements are not inconsistent with the terms of this chapter.
I. This franchise does not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, from any utility company, or from others maintaining poles in streets.
J. This franchise is granted in lieu of, and the grantee waives, any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, for itself and for any success or to any interest of the grantee hereunder, of, or pertaining to the construction, operation, or maintenance of any CATV system in the city and the acceptance of this franchise shall operate, as between the grantee and the City, as an abandonment to the City of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between the grantee, and the City, any and all construction, operation and maintenance by the grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to this franchise, and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever. (Ord. 2326 § 1 (part), 1980).