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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 city to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by 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. (Ord. 827, 8-5-2002, eff. 8-26-2002)
All rights and remedies given to city by this franchise or retained by 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 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 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. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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 city has the power to make the terms and conditions contained in this franchise. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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