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<br /> 4 <br />. <br />. SECTION 8. Written Acceptance <br /> Company shall, if it accepts this Ordinance and the rights and <br /> obligations hereby granted, file a written acceptance of the rights hereby <br /> granted with the City Clerk within ninety (90) days after the final passage and <br /> any required publication of this Ordinance. <br /> SECTION 9. Provisions of Ordinance <br /> Subd. l. Every section, provision, or part of this ordinance is <br /> declared separate from every other section, provision, or part; and if any <br /> section, provision, or part shall be held invalid, it shall not affect any <br /> other section, provision, or part. Where a provision of any other City <br /> ordinance conflicts with the provisions of this ordinance, the provisions of <br /> this ordinance shall prevail. <br /> Subd. 2. If either party (City or Company) asserts that the other <br /> party is in default in performance of any obligation hereunder, the <br /> complaining party shall notify the other party of the default and the desired <br /> remedy. The notification shall be written. If the dispute is not resolved <br /> within 30 days of the written notice, either party may commence an action in <br /> District Court to interpret and enforce this franchise or for such other <br /> relief as may permitted by law or equity for breach of contract, or either <br />. party may take any other action permitted by law. <br /> Subd. 3. This ordinance constitutes a franchise agreement between <br /> the City and the Company as the only parties and no provision of this <br /> franchise shall be in any way inure to the benefit of any third person <br /> (including the public at large) so as to constitute any such person as a <br /> third party beneficiary of the agreement or of anyone or more of the terms <br /> hereof, or otherwise give rise to any cause of action in any person not a <br /> party hereto. <br /> SECTION 10. Publication Expense <br /> The expense of any publication of this franchise Ordinance required by <br /> law shall be paid by Company. <br /> SECTION 11. Effective Date <br /> This Ordinance is effective as provided by s~atute or charter, and upon <br /> acceptance by Company as provided in Section 8. <br /> Passed and approved: SeDtember 25 ~:,w <br /> Mayor <br />. Attest: <br /> AJ,~i;(CCl~ <br />