(A) Separability of non-material provisions. If any provision of this chapter or any related agreement is held by any court or by any federal, state or county agency of competent jurisdiction to be invalid as conflicting with any federal, state or county law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if such provision is considered non-material by the grantor, such provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all the other provisions of this chapter. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that such provision which had been held invalid or modified is no longer in conflict with the laws, rules and regulations then in effect, such provision shall thereupon return to full force and effect and shall thereafter be binding on the grantee and grantor provided the grantor shall give the grantee 30 days written notice of such change before requiring compliance with such provision. ('65 Code, § 7-8.1402)
(B) Separability of material provisions. If any material section of this chapter, as determined by the grantor, is held to be invalid or preempted by federal, state or county regulations or laws, the grantor shall negotiate with the grantee appropriate modifications to the franchise to provide reasonable relief from such invalidity or preemption, including the payment of liquidated damages. If the grantee and grantor are unable to reach agreement on such modifications, the dispute will be submitted to a mutually agreeable arbitrator, in accordance with state laws, who will determine what modifications and/or liquidated damages are appropriate. The arbitrator's decision shall be binding on the parties; provided, however, no decision of the arbitrator shall require the grantor or grantee to be in violation of any federal or state law or regulation.
('65 Code, § 7-8.1403) (Ord. 244-C.S., passed - - )