A. Actions Of Parties: In any action by the franchising authority of the grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
B. Equal Protection: In the event the franchising authority enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than the grantee to enter into the franchising authority's streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
C. Notice: Unless expressly otherwise agreed between the parties, every notice or response required by the franchise to be served upon the franchising authority or the grantee shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail, postage prepaid.
D. Descriptive Headings: The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning of interpretation of the text herein.
E. Severability: If any section, sentence, paragraph, term or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any State or Federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term of provision hereof, all of which will remain in full force and effect for the term of the franchise, or any renewal or renewals thereof. Provided, however, that in the event that the Federal Communications Commission declared any section invalid, then such section or sections will be renegotiated by the City Council and the grantee. (Ord. 96-1, 2-5-1996)