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<br />DRAFT <br /> <br />13.4.4 'fhe City and the Grantee shall, at all times during the term of this Franchise, <br />including all extensions and renewals hereot; comply with applicable federal, <br />State and local laws and regulations. <br /> <br />13.5 Nonenforcement by City. <br /> <br />Grantee shall not he relieved of its obligations to comply with <lny of the provisions of <br />this Fmnchise by reason of <lny f<lilure or delay orthe City or the Commission to enforce <br />prompt compliance. The City or the Commission may only waive its rights hereunder by <br />expressly so stating in writing. Any such written waiver by the City or the Commission <br />of a breach or violation of any provision of this Franchise shall not operate as or be <br />construed to be a waiver of any subsequent breach or violation. <br /> <br />13.6 Ri!!hts Cumulative. <br /> <br />AI! 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 hereailer available to the City and <br />the Commission, at law or in equity, and such rights and remedies shall not he exclusive, <br />but each and every right and remedy speeilically given by lhis Franchise or otherwise <br />existing or given may be exercised from lime to time and as often and ill such order as <br />may be deemed expedient hy the City and the Commission and the exercise of one or <br />more rights or remedies shall nol be deemed a waiver of the right to exercise at the same <br />time or thereafter any other right or remedy. <br /> <br />13.7 Grantee Acknowled!!ment of Validity of Franchise. <br /> <br />The Grantee acknowledges that it has had an opportunity 10 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 arbitral)', and that Grantee believes City has the <br />power to make the terms and conditions contained in this Franchise. <br /> <br />13.8 Force Maieure. <br /> <br />The Grantee shaH not be deemed in delilUlt of provisions of this Franchise or the City <br />Code where performance was rendered impossible by war or riol~, 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 tor such noncompliance, provided that the <br />Grantee, when possihle, takes immediate and diligent steps to bring itself back into <br />compliance and to comply as soon a~ possible, under the circumstances, with the <br />Franchise without unduly endangering the health, safety and integrity of the Grantee's <br /> <br />57 <br /> <br />9~ <br />