(A) Meet to confer.
(1) The provider and the city recognize that many aspects of the telecommunications business are currently the subject of discussion, examination, and inquiry by different segments of the industry and affected regulatory authorities, and that these activities may ultimately result in fundamental changes in the way the provider conducts its business and the way the city regulates the business.
(2) In recognition of the present state of uncertainty respecting these matters, the provider and the city each agree, upon request of the other during the term of this agreement, to meet with the other and discuss in good faith whether it would be appropriate, in view of developments of the kind referred to above during the term of this agreement, to amend this agreement or enter into separate, mutually satisfactory arrangements to effect a proper accommodation of any such developments.
(B) Severability.
(1) If any section, sentence, paragraph, term, or provision of this agreement or the telecommunications rights-of-way subchapter is, for any reason, determined to be or rendered illegal, invalid, or superseded by other lawful authority, including any state or federal legislative, regulatory, or administrative authority having jurisdiction thereof, or is determined to be unconstitutional, illegal, or invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such determination shall have no effect on the validity of any other section, sentence, paragraph, term, or provision, all of which shall remain in full force and effect for the term of this agreement or any renewal, or renewals, thereof.
(2) Provided that if the invalidated portion is considered a material consideration for entering into this agreement, the parties will negotiate, in good faith, an amendment to this agreement. As used herein, MATERIAL CONSIDERATION for the city is its ability to collect the franchise fee during the term of this agreement and its ability to manage the rights-of-way in a manner similar to that provided in this agreement, the telecommunications rights-of-way subchapter, and the city’s excavation ordinance. For the provider, MATERIAL CONSIDERATION is its ability to use the rights-of-way for telecommunication purposes in a manner similar to that provided in this agreement, the telecommunications rights-of-way subchapter, and the city’s excavation ordinance.
(Prior Code, § 13.11.060) (Ord. 13-98, passed 5-20-1998)