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e. The parties acknowledge that Grantee intends that Qwest Corporation ("QC"), an <br /> affiliate of Grantee, will be primarily responsible for the construction and <br /> installation of the facilities in the Rights-of-Way, constituting the cable <br /> communications system, which will be utilized by Grantee to provide cable <br /> service. Grantee promises, as a condition of exercising the privileges granted by <br /> this Franchise, that any affiliate of the Grantee, including QC, directly or <br /> indirectly involved in the construction, management, or operation of the cable <br /> communications system will comply with all applicable federal, state and local <br /> laws, rules and regulations regarding the use of the City's rights of way. The <br /> City agrees that to the extent QC violates any applicable laws, rules and <br /> regulations, the City shall first seek compliance directly from QC. In the event, <br /> the City cannot resolve these violations or disputes with QC, or any other affiliate <br /> of Grantee, then the City may look to Grantee to ensure such compliance. Failure <br /> by Grantee to ensure QC's or any other affiliate's compliance with applicable <br /> laws, rules and regulations shall be deemed a material breach of this Franchise by <br /> Grantee. To the extent Grantee constructs and installs facilities in the rights-of- <br /> way, such installation will be subject to the terms and conditions contained herein. <br /> f. No rights shall pass to Grantee by implication. Without limiting the foregoing, by <br /> way of example and not limitation, this Franchise shall not include or be a <br /> substitute for: <br /> (i) Any other permit or authorization required for the privilege of transacting <br /> and carrying on a business within the City that may be required by the <br /> ordinances and laws of the City; <br /> (ii) Any permit, agreement, or authorization required by the City for Right-of- <br /> Way users in connection with operations on or in Rights-of-Way or public <br /> property including,by way of example and not limitation, street cut <br /> permits; or <br /> (iii) Any permits or agreements for occupying any other property of the City or <br /> private entities to which access is not specifically granted by this <br /> Franchise including, without limitation, permits and agreements for <br /> placing devices on poles, in conduits or in or on other structures. <br /> g. This Franchise is intended to convey limited rights and interests only as to those <br /> Rights-of-Way in which the City has an actual interest. It is not a warranty of title <br /> or interest in any Right-of-Way; it does not provide the Grantee with any interest <br /> in any particular location within the Right-of-Way; and it does not confer rights <br /> other than as expressly provided in the grant hereof. <br /> h. This Franchise does not authorize Grantee to provide telecommunications service, <br /> or to construct, operate or maintain telecommunications facilities. This Franchise <br /> is not a bar to imposition of any lawful conditions on Grantee with respect to <br /> 6 <br />