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A grantee shall not be excused from complying with any of the terms and conditions of this chapter by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
(1969 Code 58.33)
Whenever the franchise shall set forth any time for any act to be performed by or on behalf of a grantee, such time shall be deemed of the essence and any failure of a grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise.
(1969 Code 58.34)
Without limitation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities:
(a) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the said City.
(b) To determine through the Council any question of fact relating to the meaning, terms, obligations or other factors of the franchise or this chapter.
(1969 Code 58.35)
(a) Except as expressly provided in the franchise agreement, a grantee shall have no recourse whatsoever against the City for any loss, cost, or expenses or damages arising out of the provisions or requirements of the franchise or this chapter because of the enforcement thereof by the City, nor for the failure of the City to have the authority to grant all or any part of the franchise.
(b) A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant a franchise.
(c) A grantee by acceptance of a franchise acknowledges that it has not been induced into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein.
(d) A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions thereof and the terms and conditions of this chapter and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the City. Grantee further acknowledges that a franchise is not exclusive.
(1969 Code 58.37)
Upon the annexation of any territory to the City of Mentor, a franchise granted pursuant to this chapter shall extend to the territory so annexed; and all facilities owned, maintained or operated by grantee, located within, under, or over streets of the territory so annexed shall thereafter be subject to all terms hereof.
(1969 Code 58.38)
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