Neither the granting of any franchise nor any provision of this section 3-1-10 shall constitute a waiver or bar to the exercise of any governmental rights or powers of the village, except as such rights or powers are expressly preempted by applicable law or regulation. Without limiting the foregoing:
A. If any amendments to the cable act or other applicable law or regulations are enacted, the village may amend this section 3-1-10 to incorporate such amendments. If any amendments to the cable act or other applicable law or regulations are enacted which allow the village to exercise powers which it does not presently exercise with respect to cable systems, the village reserves the right to exercise those powers as provided by then applicable law; and
B. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the village or the village engineer or any other duly authorized village official or employee, to remove or damage any of a grantee's facilities, no charge shall be made by such grantee against the village, or such officials or employees, for restoration and repair, unless such acts amount to gross negligence by the village. (Ord. 09-4-5, 4-7-2009)