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Section 1G0.29. In acco:rdance with Muznesota Rules, Part 7$19.3200, if rhe city's oxder directing <br />vacatian of the Public Way daes not �equite relacation of the Company's E}ectric Facilities to <br />prevent inte�ference �urirh a current public impxovement, the vacation proceedings sh�alJ �at be <br />deemed to deprive Company of its right to continue to use the right-of-way of the £ottner Public <br />Way £or its Electric Facili#ies insta.11ed prs.or to such oxder of vaca�ioa. <br />SECTiQN 8. CHANGE iN FORM 4F GOVERNMENT. <br />Any change in the form of gavernment of the City shall not affect the validiiy of this Ordinaace. <br />Any govexiunent.al unit sueceeding the City shall, without the consent of Co:mpany, succeed to all <br />af the tights and obligations o� the City provided in this �rdinance. <br />SECTiON 9. FR.ANCHISE FEE <br />9.1 At the �ime af adopting this franchise, the City does not desire to impose a <br />franchise fee on the Company. If the City seeks a franchise fee from the Company, the City <br />shatl notify Company in writing oisuch intent to rnodify this franchise ag�-eerr�ent and impose a <br />franchise fee which shall be by separate ordinance. Promptly therEa$er, City and Company <br />shall negot�ate in good faith nr�utuatiy acceptabie te�nnns, conditions and amount oF such fe�. If <br />City and Company are unable to agree on any term or condition oif the fee, all dzsputes shall be <br />resolved pursuant to Section 2.5 of ihis ordinance. The parties do not waive hereby, any righ.ts <br />they have under iaw. <br />SECTYON 10. PROVISIONS OF ORDINANCE. <br />10.1 Severab'rIity. Every sectian, provision, or part of this Ordinance is declared <br />separate fro�n every other sec�ion, provision, or part; and if any section, provision, or part shall <br />be h.el�. inva�id, i� shali not affect any other section, provision, or part; provi.ded, however, if <br />any provision is held invalid, the parties agree to negotiate in good faith to substitute, to the <br />exter�t reasonably possible, arriended provisions that validly carry out the primary purpose of <br />the invalid provisions. Whare a provision of any otl�er City ordinance conflicts with the <br />provisions of this Ordinance, the provisions of this Ordinar�ce shall prevail. <br />10.2 Limitateon� on AUplicabilitY. This Ordinance constitutes a franchise agrEement <br />between the City and Company as ihe only parties and no provision of this fraxichise s�all in <br />any way int�re to the �enefit of any third person (including the public at large) so as to <br />constituie any such person as a t�iird party beneficiary af the agreement or of any one or anore <br />of the terms hereof, ar oth.erwise give ri.se to any cause of actian in any persan not a party <br />hereto. <br />fi <br />