§ 113.78 FURTHER AGREEMENT AND WAIVER BY GRANTEE.
   (A)   The grantee agrees to abide by all provisions of this chapter and further agrees that such provisions as presently written are neither unreasonable, arbitrary, nor void. Grantee's right to challenge the application of any provision of this chapter as a violation of applicable federal or state law shall be specifically reserved. Notwithstanding the foregoing, however, if the FCC or any federal or state court or agency declares any paragraph, subparagraph, sentence, clause, or phrase to be invalid or unenforceable, then such paragraph, subparagraph, sentence, clause, or phrase may be renegotiated by the grantee and the government.
   (B)   Grantee shall have no recourse whatsoever against the government for any loss, cost, expense or damage arising out of the provisions or requirements of this chapter or because of the enforcement thereof by the government nor failure of the government to have the authority to grant all or part of the franchise.
   (C)   Grantee expressly acknowledges that, upon accepting the franchise, it does so relying upon its own investigation and understanding of the power and authority of the government to grant the franchise.
   (D)   Grantee, by acceptance of this franchise, acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the government or by any third person concerning any terms and conditions not expressed in this chapter.
   (E)   Grantee shall conduct the work to be performed pursuant to this chapter as an independent contractor and not as an agent of the government.
(Ord. 1999-13, passed 11-8-99)