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will be utilized by Grantee to provide cable service. Grantee promises, as a condition of <br /> exercising the privileges granted by this Franchise, that any affiliate of the Grantee, <br /> including QC, directly or indirectly involved in the construction, management, or <br /> operation of the cable communications system will comply with all applicable federal, <br /> state and local laws, rules and regulations regarding the use of the City's rights of way. <br /> The City agrees that to the extent QC violates any applicable laws, rules and regulations, <br /> the City shall first seek compliance directly from QC. In the event, the City cannot <br /> resolve these violations or disputes with QC, or any other affiliate of Grantee, then the <br /> City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC's <br /> or any other affiliate's compliance with applicable laws, rules and regulations shall be <br /> deemed a material breach of this Franchise by Grantee. To the extent Grantee constructs <br /> and installs facilities in the rights-of-way, such installation will be subject to the terms <br /> and conditions contained herein. <br /> 2.1.5 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 substitute for: <br /> (1) 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 ordinances and <br /> laws of the City; <br /> (2) 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 property <br /> including,by way of example and not limitation, street cut permits; or <br /> (3) 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 Franchise including, <br /> without limitation, permits and agreements for placing devices on poles, in conduits or in <br /> or on other structures. <br /> 2.1.6 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 or <br /> interest in any Right-of-Way; it does not provide the Grantee with any interest in any <br /> particular location within the Right-of-Way; and it does not confer rights other than as <br /> expressly provided in the grant hereof. <br /> 2.1.7 This Franchise does not authorize Grantee to provide telecommunications service, <br /> or to construct, operate or maintain telecommunications facilities. This Franchise is not a <br /> bar to imposition of any lawful conditions on Grantee with respect to <br /> telecommunications, whether similar, different or the same as the conditions specified <br /> herein. This Franchise does not relieve Grantee of any obligation it may have to obtain <br /> from the City an authorization to provide telecommunications services, or to construct, <br /> operate or maintain telecommunications facilities, or relieve Grantee of its obligation to <br /> comply with any such authorizations that may be lawfully required. <br /> 7 <br />