[Ord. #89-07]
Notwithstanding any other provisions of the franchise to the
contrary, the Grantee shall at all times comply with all laws and
regulations of the State and Federal government or any administrative
agencies thereof. Provided, however, if any such State or Federal
law or regulation shall require the Grantee to perform any service,
or shall permit the Grantee to perform any service, or shall prohibit
the Grantee from performing any service, in conflict with the terms
of the franchise or any law or regulation of the Grantor, then as
soon as possible following knowledge thereof, the Grantee shall notify
the Grantor of the point of conflict believed to exist between such
regulation or law and the laws or regulations of the Grantor or the
franchise, and Grantee shall be excused from such performance or non-performance.
[Ord. #89-07]
If any provision of this chapter or any related agreement is
held by any court or by any Federal, State, or local agency of competent
jurisdiction to be invalid as conflicting with any Federal, State
or local 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 said provision is considered non-material by the Grantor, said
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 other provisions hereof. In the event that
such law, rule or regulation is subsequently repealed, rescinded,
amended or otherwise changed, so that the provision hereof or thereof
which has been held invalid or modified is no longer in conflict with
the law, rules and regulations then in effect, said provision shall
thereupon return to full force and effect, and shall thereafter be
binding on the parties hereto, provided that the Grantor shall give
the Grantee thirty (30) days written notice of such change before
requiring compliance with said provision.
[Ord. #89-07]
If any material section of this chapter, as determined by the
Grantor and the Grantee, is held to be invalid or preempted by Federal,
State or County regulations or laws, resulting in a material adverse
consequence to either party, the Grantor and Grantee shall attempt
to negotiate appropriate modifications to the franchise to provide
reasonable relief to the Grantor or Grantee from such invalidity or
preemption, including the payment of damages. If the parties are unable
to reach agreement on such modifications, then the dispute shall be
submitted to a mutually agreeable arbitrator, in accordance with State
law, who shall determine what modifications and/or compensation or
relief are appropriate. The arbitrator's decision shall be binding
on the parties, provided, that no decision of the arbitrator shall
require the Grantor or Grantee to be in violation of any Federal or
State law or regulation.
[Ord. #89-07]
Grantee shall maintain throughout the term of the franchise,
a local address for service of notices by mail.
[Ord. #89-07]
The captions to sections throughout this chapter are intended
solely to facilitate reading and reference. Such captions shall not
affect the meaning or interpretation of this chapter.
[Ord. #89-07]
The Grantee shall have no recourse whatsoever against the Grantor
or its officials, boards, commissions, agents, or employees for any
loss, costs, expenses, or damage arising out of any provision or requirement
of the franchise or because of the enforcement of the franchise.
[Ord. #89-07]
The Grantee shall not be relieved of its obligation to comply
with any of the provisions of this chapter by reason of any failure
of the Grantor to enforce prompt compliance.
