A. Except as expressly provided otherwise in this chapter, the company herein shall have no recourse whatsoever against the municipality for any loss, cost or expense or damages arising out of the terms, conditions and provisions or requirements of this chapter or because of the municipality's enforcement of this chapter.
B. The company expressly acknowledges that upon accepting the right, privilege and franchise granted by this chapter, it did so relying upon its own investigation and understanding of the power and authority of the municipality in connection with the system and this chapter. By the acceptance of this franchise, the company agrees that it will not at any time set up against the municipality in any claim or proceeding any provision, condition or term of this chapter as unreasonable, arbitrary or void or that the municipality had no power or authority to make such provision, term or condition a part of this chapter.
C. The company by acceptance of the right, privilege and franchise under this chapter, acknowledges that it has not been induced to enter into the franchise by any understanding or proviso or other statement whether verbal or written by or on behalf of the municipality concerning any term or condition of this franchise not expressed herein.
D. The company further acknowledges by acceptance of the right, privilege and franchise, that it has carefully read the terms and conditions of this chapter and is willing to and does accept all reasonable risks of the meaning of the provisions, terms and conditions herein.
E. In the event the company shall accept the right, privilege and franchise to establish, construct, operate and maintain the system in accordance with and pursuant to the provisions, terms and conditions of this chapter, the company shall execute an acceptance in substantially the form as follows:
Acceptance of Village of Mokena
Cable Television Franchise
Now, this day of , 19 , the Company having been advised by the Village of Mokena, Illinois, that by the President and Board of Trustees on the day of , 19 , a franchise according to the provisions, terms and conditions of Title 7, Chapter 4 of the Municipal Code of the Village of Mokena was granted to the Company to establish, construct, operate and maintain a cable television system within the Village of Mokena, does hereby accept the franchise and agrees to comply fully and in all respects with the terms, conditions and provisions of the aforesaid Title and Chapter of the Municipal Code of the Village of Mokena.
Company
By:
(Seal) Attest:
By:
State of Illinois )
) SS
County of Will )
I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that and , the , and , of the Company personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act and the free and voluntary act of the Company, and that they were fully and duly authorized by the Company to so subscribe, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal, this day of , 19 .
Notary Public
(Seal)
F. The acceptance referred to in subsection E of this section shall be accompanied by the letter of credit referred to in section 7-4-15 of this chapter.
G. The company shall accept pursuant to this section, if at all, within twenty (20) days of the date the village offers the company the franchise. (Ord. 1000, 4-8-1985)