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2017-008
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2017-008
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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 />8. No Third Party Beneficiaries. Nothing in this Franchise Agreement is intended to <br />confer third -party beneficiary status on any member of the public to enforce the terms of this <br />Franchise Agreement. This provision does not apply to the Commission or the NSAC. <br />SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS <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 January 1, 2017. <br />2. Acceptance. <br />a. Grantee shall accept this Franchise within sixty (60) of its enactment by <br />the City Council, unless the time for acceptance is extended by City. Such acceptance by <br />the Grantee shall be deemed the grant of this Franchise for all purposes provided, <br />however, this Franchise shall not be effective until all City ordinance adoption <br />procedures are complied with and all applicable timelines have run for the adoption of a <br />City ordinance. In the event acceptance does not take place, or should all ordinance <br />adoption procedures and timelines not be completed, this Franchise and any and all rights <br />granted hereunder to Grantee shall be null and void. <br />b. Upon the Effective Date and acceptance of this Franchise, Grantee and <br />City shall be bound by all the terms and conditions contained herein. <br />C. Grantee shall accept this Franchise in the following manner: <br />i. This Franchise will be properly executed and acknowledged by Grantee <br />and delivered to City. <br />ii. With its acceptance, Grantee shall also deliver any grant payments, <br />performance bond and insurance certificates required herein that have not <br />previously been delivered. <br />Passed and adopted this day of ( { D1 mkw_ ✓ , 2017. <br />CITY OF EN LS <br />By: <br />Its: <br />33 <br />
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