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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />13.7 Grantee Acknowledl!ment of Validitv of Franchise. <br /> <br />The Grantee acknowledges that it has had an opportunity to review the tenns and <br />conditions of this Franchise and that under current law Grantee believes that said tenns <br />and conditions are not umeasonable or arbitrary, and that Grantee believes City has the <br />power to make the tenns and conditions contained in this Franchise. <br /> <br />13.8 Force Maieure. <br /> <br />The Grantee shall not be deemed in default of provisions of this Franchise or the City <br />Code where perfonnance 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 />employees or property, or the health, safety and integrity of the public, the Rights-of- <br />Way, public property or private property. <br /> <br />13.9 Governinl! Law. <br /> <br />This Franchise shall be governed in all respects by the laws of the State of Minnesota. <br /> <br />13.10. Captions and References. <br /> <br />13.10.1 The captions and headings of sections throughout this Franchise are intended <br />solely to facilitate reading and reference to the sections and provisions of this <br />Franchise. Such captions shall not affect the meaning or interpretation of this <br />Franchise. <br /> <br />13.10.2 When any provision of the City Code is expressly mentioned herein, such <br />reference shall not be construed to limit the applicability of any other provision <br />of the City Code that may also govern the particular matter in question. <br /> <br />13.11. Ril!hts of Third Parties. <br /> <br />This Franchise is not intended to, and shall not be construed to, grant any rights to or vest <br />any rights in third parties, unless expressly provided herein. <br /> <br />13.12. Merl!er of Documents. <br /> <br />This Franchise, and the attachments hereto, constitute the entire Franchise agreement <br />between the City and the Grantee, and supersede all prior oral or written franchises, drafts <br />and understandings. <br /> <br />59 <br />
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