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provision which had been held invalid or modified is no longer in conflict with <br /> the law, rules and regulations then in effect, said provision shall thereupon return <br /> to full force and effect and shall thereafter be binding on Grantee and City without <br /> further action by the City. <br /> 13.4.4 The City and the Grantee shall, at all times during the term of this Franchise, <br /> including all extensions and renewals hereof, comply with applicable federal, <br /> State and local laws and regulations. <br /> 13.5 Nonenforcement by City. <br /> Grantee shall not be relieved of its obligations to comply with any of the provisions of <br /> this Franchise by reason of any failure or delay of City to enforce prompt compliance. <br /> City may only waive its rights hereunder by expressly so stating in writing. Any such <br /> written waiver by City of a breach or violation of any provision of this Franchise shall not <br /> operate as or be construed to be a waiver of any subsequent breach or violation. <br /> 13.6 Rights Cumulative. <br /> All rights and remedies given to City and the Commission by this Franchise or retained <br /> by City or the Commission 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 the City and <br /> the Commission, at law or in equity, and such rights and remedies shall not be exclusive, <br /> but each 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 order as <br /> may be deemed expedient by the City and the Commission and the exercise of one or <br /> more rights or remedies shall not be deemed a waiver of the right to exercise at the same <br /> time or thereafter any other right or remedy. <br /> 13.7 Grantee Acknowledgment of Validity of Franchise. <br /> The Grantee acknowledges that it has had an opportunity to review the terms and <br /> conditions of this Franchise and that under current law Grantee believes that said terms <br /> and conditions are not unreasonable or arbitrary, and that Grantee believes City has the <br /> power to make the terms and conditions contained in this Franchise. <br /> 13.8 Force Maieure. <br /> The Grantee shall not be deemed in default of provisions of this Franchise or the City <br /> Code where performance was rendered impossible by war or riots, labor strikes or civil <br /> disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall <br /> not be revoked or the Grantee penalized for such noncompliance, provided that the <br /> 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 <br /> Franchise without unduly endangering the health, safety and integrity of the Grantee's <br /> 48 <br />