729.35  GRANTEE TO HAVE NO RECOURSE.
   (a)    Except as expressly provided in the franchise agreement, a grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damages arising out of the provisions or requirements of the franchise or this chapter because of the reasonable enforcement thereof by the City, nor for the failure of the City to have the authority to grant all or any part of the franchise.
   (b)    A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant a franchise.
   (c)    A grantee by acceptance of a franchise acknowledges that it has not been induced into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein.
   (d)    A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions thereof and the terms and conditions of this chapter and is willing to and does accept all of the reasonable risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the City, provided that the grantee may submit such ambiguity to a Court of competent jurisdiction. Grantee further acknowledges that a franchise is not exclusive.
(Ord. 1980-88. Passed 4-15-80.)