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<br /> <br /> <br /> <br /> <br /> amendment is required due to changes in federal, state or local laws. Provided, <br /> however, nothing herein shall restrict City's exercise of its police powers or Ciry's <br /> authority to unilaterally amend Franchise provisions to the extent permitted by law. <br /> <br /> 4. Co=liance with Federal. State and Local Laws. <br /> <br /> a. If any federal or state law or regulation shall require or permit City or <br /> <br /> Grantee to perform any service or act or shall prohibit City or Grantee <br /> from performing any service or act which may be in conflict with the terms <br /> of this Franchise, then as soon as possible following knowledge thereof, <br /> either party shall notify the other of the point in conflict believed to exist <br /> between such law or regulation. Grantee and City shall conform to state <br /> laws and rules regarding cable communications not later than one year after <br /> they become effective, unless otherwise stated, and to conform to federal <br /> laws and regulations regarding cable as they become effective. <br /> <br /> b. If any term, condition or provision of this Franchise or the application <br /> thereof to any Person or circumstance shall, to any extent, be held to be <br /> invalid or unenforceable, the remainder hereof and the application of such <br /> term, conclition or provision to Persons or circumstances other than those <br /> as to whom it shall be held invalid or unenforceable shall not be affected <br /> thereby, and this Franchise and all the terms, provisions and conditions <br /> hereof shall, in all other respects, continue to be effective and complied <br /> with provided the loss of the invalid or unenforceable clause does nor <br /> substantially alter the agreement between the parties. In the event such <br /> law, rule or regulation is subsequently repealed, rescinded, amended or <br /> otherwise changed so that the provision which had been held invalid or <br /> modified is no longer in conflict with the law, rules and regulations then in <br /> effect, said provision shall thereupon return to full force and effect and <br /> shall thereafter be binding on Grantee and City. <br /> <br /> 5. Nonenforcement by Citv. Grantee shall not be relieved of its obligations to comply <br /> with any of the provisions of this Franchise by reason of any failure or delay of <br /> City to enforce prompt compliance. City may only waive its rights hereunder by <br /> expressly so stating in writing. Any such written waiver by City of a breach or <br /> violation of any provision of this Franchise shall not operate as or be construed to <br /> be a waiver of any subsequent breach or 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 <br /> other rights and remedies, existing or implied, now or hereafter available to City, <br /> at law or in equity, and such rights and remedies shall not be exclusive, but each <br /> and every right and remedy specifically given by this Franchise or otherwise <br /> existing or given may be exercised from time to time and as often and in such <br /> order as may be deemed expedient by City and the exercise of one or more rights <br /> <br /> <br /> 32 <br />