This franchise shall be nonexclusive and subject to all prior
rights, interests, easements or licenses granted by the City to any
person to use any property, right-of-way, right, interest or license
for any purpose whatsoever, including the right of the City to use
same for any purpose it deems fit, including the same or similar purposes
allowed grantee hereunder. The City may at any time grant authorization
to use the rights-of-way for any purpose not incompatible with grantee’s
authority under this franchise and for such additional franchises
for cable systems as the City deems appropriate.
In the event the City enters into a franchise, permit, license,
authorization or other agreement of any kind with any other person
or entity other than the grantee to enter into the City’s rights-of-way
for the purpose of constructing or operating a cable system or providing
cable service to any part of the franchise area, in which the grantee
is actually providing cable service under the terms and conditions
of this franchise or is required to extend cable service to under
the provisions of this franchise, the material provisions thereof,
in the reasonable discretion of the City, shall be reasonably comparable
to those contained herein, in order that one operator not be granted
an unfair competitive advantage over another.
The grantee and the City each acknowledges and warrants by acceptance
of the rights, privileges and agreements granted herein, that it has
carefully read and fully comprehends the terms and conditions of this
franchise and is willing to and does accept all lawful and reasonable
risks of the meaning of the provisions, terms and conditions herein.
By accepting the franchise, the grantee: (a) acknowledges and
accepts the City’s legal right to issue and enforce the franchise;
(b) accepts and agrees to comply with each and every provision of
this franchise subject to applicable law; and (c) agrees that the
franchise was granted pursuant to processes and procedures consistent
with applicable law, as existed on the effective date of this franchise,
and that it will not raise any claim to the contrary.