2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT police powers or the City's authority to unilaterally anlend Franchise provisions to the extent pennitted by Jaw. 13.4. Comuliance with Federal, State and Local Laws. 13.4.1 If any lederal or State law or regulation shall require or permit City or Gramee to perform any serviee or act or shall prohibit City or Grantee from performing an)' service or act which may be in connict with the terms of this Franchise. then as soon as possible following knowledge thereol: either party shall notily the other of the point in conllict believed to exist between such law or regulation, Grantee and City shall conl'orm to State laws and rules regarding cable communications not later than one ( I) year ailer Lhey become ellecti ve. unless otherwise stated. and to conlorm to lederal laws and regulations regarding cable as they become eOectivc. 13.4.2 In the event that I'ederal or State laws, rules or regulations preempt a provision or limit the enforeeability ofa provision ol'this Franchise, the provision shall be read to be preempted to the extent and lor the time, but only to the extent and for the lime, required or necessitated by law. In the event su(,h federal or State law, rule or regulation is subsequemly repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and e11ect, and shall thereailer be binding on the patties hereto, without the requirement of further action on the part of'the City or the Commission. 13.4.3 ff any term, condition or provision of [his Franchise or the application thereof to any Person or circumstance (including the City, the Grantee and the Commission) shall, to any extel'll, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances (including the City, the Grantee and the Commission) other than those as to whom it shall bc held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereol' shall, in all other respects, continue to be elTective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement hetween the parties. [n the event such law, rule or regulation is subsequently repealed, rescinded, amended Of otherwise changed so that the provision which had been held invalid or modil1ed is no longer in conflict with the law, niles and regulations then in effect, said provision shall thereupon return to full force and el1ect and shall thereafler be binding on Grantee and City without I'urther action by the City. 56 ;11