(a) Other Permits Required. Any Franchise granted pursuant to the provisions of this Chapter only authorizes the operation, construction, and maintenance of a Cable Television System as provided in the Ordinance and the Franchise Agreement. The Franchise does not supersede any other provisions of any municipal ordinance or regulation which may require the Franchisee to obtain other permits, licenses, etc. Specifically, the Franchisee is not relieved from the requirements to obtain building permits, utility pole attachment agreements, etc.
(b) Intervention. The City shall have the right to intervene in a lawsuit, administrative proceeding, or other action in which the Franchisee is a party and which affects the System within the Franchise Area. The right of intervention may be exercised by the City in its sole discretion.
(c) Cumulative Rights and Waiver. Each and every right granted to a party hereunder, in any other document contemplated hereby, or by law or equity, shall be cumulative and may be exercised at any time or from time to time. No failure on the part of any party to exercise and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right preclude any other or future exercise thereof or the exercise of any other right. The failure of any party at any time, or from time to time, to require performance by any other party of any term, condition, or provision of this Chapter and/or Agreement shall in no way alter or otherwise affect the right of such party of any condition or of the breach of any term, covenant, or provision contained herein, whether by conduct or otherwise, at any time, or from time to time, shall be deemed to be or be construed as a further or continuing waiver of any such condition or breach or as a waiver of any other condition or of any or subsequent breach of the same or any other term, covenant, or provision.
(d) Severability. Every provision of this Chapter and/or the subsequent Agreement is intended to be severable. Nothing contained herein shall be construed to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but the provisions of this document which are affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
(e) Effect of Headings. The headings of the various paragraphs and sections of this document are solely for the purpose of convenience and shall not be relied upon in construing any provision hereof.
(f) Emergency Use. In the event of any emergency or disaster, the Franchisee shall, upon request of the City, make its System and facilities available to the City for use during the emergency or disaster.
(g) Governing Law. This Chapter and subsequent Agreement shall, in all respects, be governed by applicable federal laws, the laws of the State of Ohio, applicable to such agreements executed and to be wholly performed within the State.
(h) Written Amendment. No amendment, change, or modification of this Chapter and/or subsequent Agreement shall be valid unless in writing, signed by all parties, and approved by Council.
(i) Additional Documents. Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances and shall perform any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto.
(j) Specific Performance. It is agreed that the rights granted to the parties hereunder are of a special and unique kind and character and that, if there is a breach by any party of any material provision of this Chapter and/or subsequent Agreement and if the other party or parties would not have an adequate remedy under the law, it is expressly agreed that the rights of the parties hereunder may be enforced by an action for specific performance and such other relief as is provided under the laws of the State of Ohio.
(k) Time. Time is of the essence with respect to this Chapter and/or subsequent Agreement.
(Ord. 2439. Passed 1-2-96.)
(Ord. 2439. Passed 1-2-96.)