A. Franchise Renewal: Any renewal of this franchise shall be performed in accordance with applicable law. The term of any renewed franchise shall be limited to a period no longer than allowed by applicable law.
B. Work Performed By Others: All applicable obligations of this franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this franchise. However, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a system or provide cable service. Grantee shall provide notice to the city of the name and address of any entity, other than grantee, which performs substantial services pursuant to this franchise.
C. Amendment Of Franchise: Grantee and the city may mutually agree, from time to time, to amend this franchise. Such written amendments may be made subsequent to a review session pursuant to subsection 13-1-12G of this chapter or at any other time if the city and grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict the city's exercise of its police powers.
D. Compliance With Federal, State And Local Laws:
1. The terms of this franchise shall govern grantee's performance under this franchise except where federal or state laws or regulations preempt such local regulation. In such cases the applicable federal or state laws or regulations shall govern grantee's performance under this franchise.
2. If any federal or state law or regulation shall require or permit the city or grantee to perform any service or act or shall prohibit the city or grantee from performing any service or act which may be in conflict with the terms of this franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and the city shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective.
3. If the commission and grantee do not agree that a material provision of this franchise is affected by such federal or state law or regulation, then either the commission or grantee shall have the right to seek review of the provision in question as permitted by applicable laws.
4. If any term, condition or provision of this franchise or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances, other than those as to whom it shall be held invalid or unenforceable, shall not be affected thereby, and this franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with, provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had 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 grantee and the city.
E. Nonenforcement By City: Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure or delay of the city to enforce prompt compliance. The city may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by the city of a breach or violation of any provision of this franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation.
F. Rights Cumulative: All rights and remedies given to the city by this franchise or retained by the city herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the city, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the city, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy.
G. Grantee Acknowledgment Of Validity Of Franchise:
1. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this franchise and that under current law grantee believes that said terms and conditions are not unreasonable or arbitrary, and that grantee believes the city has the power to make the terms and conditions contained in this franchise. Except as provided in subsection D of this section, grantee agrees that it will not, at any time, set up against the city or commission in any claim or proceeding, any condition or term of the franchise as unreasonable, arbitrary, void as of the effective date of this franchise or that the city or commission had no power or authority to make such term or condition.
2. In the case of any dispute or question as to the meaning, interpretation, or application of any term, provision, or condition of this franchise, the city, in its reasonable discretion, shall promptly resolve such dispute or question.
H. Confidential And Trade Secret Information: The commission shall adopt and follow, consistent with and permitted by applicable laws, procedures for protecting any confidential and trade secret information of grantee that may be provided to the commission in conformance with the requirements of this franchise. If required under this franchise, such confidential or trade secret information shall be provided to the city if the city adopts similar procedures for protecting confidential and trade secret information. (Ord. 353, 2-15-2000)