A. The grantor shall have the right to waive any provision of the franchise, except those required by Federal or State regulation, if the grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the grantee or on the subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representative of the grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise unless the statement so recites.
B. The grantee shall not be excused from complying with any of the requirements of this chapter or the franchise agreement by any failure of the grantor on anyone or more occasions to require or seek compliance with any such terms or conditions. (Ord. 02-101 § 18 (part), 2002).