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35 <br /> <br />the terms, provisions and conditions hereof shall, in all other respects, continue to <br />be effective and complied with provided the loss of the invalid or unenforceable <br />clause does not substantially alter the agreement between the parties. In the event <br />such law, rule or regulation is subsequently repealed, rescinded, amended or <br />otherwise changed so that the provision which had been held invalid or modified <br />is no longer in conflict with the law, rules and regulations then in effect, said <br />provision shall thereupon return to full force and effect and shall thereafter be <br />binding on Grantee and City. <br /> <br />5. Nonenforcement by City. Grantee shall not be relieved of its obligations to <br />comply with any of the provisions of this Franchise by reason of any failure or delay of City to <br />enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in <br />writing. Any such written waiver by City of a breach or violation of any provision of this <br />Franchise shall not operate as or be construed to be a waiver of any subsequent breach or <br />violation. <br /> <br />6. Rights Cumulative. All rights and remedies given to City by this Franchise or <br />retained by City herein shall be in addition to and cumulative with any and all other rights and <br />remedies, existing or implied, now or hereafter available to City, at law or in equity, and such <br />rights and remedies shall not be exclusive, but each and every right and remedy specifically <br />given by this Franchise or otherwise existing or given may be exercised from time to time and as <br />often and in such order as may be deemed expedient by City and the exercise of one or more <br />rights or remedies shall not be deemed a waiver of the right to exercise at the same time or <br />thereafter any other right or remedy. <br /> <br />7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it <br />has had an opportunity to review the terms and conditions of this Franchise and that under <br />current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and <br />that Grantee believes City has the power to make the terms and conditions contained in this <br />Franchise. <br /> <br />8. Force Majeure. The Grantee shall not be deemed in default of provisions of this <br />Franchise or the City Code where performance was rendered impossible by war or riots, labor <br />strikes or civil disturbances, floods or other causes beyond the Grantee’s control, and the <br />Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that <br />the Grantee, when possible, takes immediate and diligent steps to bring itself back into <br />compliance and to comply as soon as possible, under the circumstances, with the Franchise <br />without unduly endangering the health, safety and integrity of the Grantee’s employees or <br />property, or the health, safety and integrity of the public, the Rights-of-Way, public property or <br />private property. <br /> <br />SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS <br /> <br />1. Publication: Effective Date. This Franchise shall be published in accordance with <br />applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of <br />acceptance by Grantee in accordance with the provisions of Section 14, Paragraph 2.