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pf_02696
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pf_02696
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Last modified
7/17/2007 12:04:53 PM
Creation date
12/8/2004 12:15:12 PM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2696
Planning Files - Type
Planning-Other
Address
2720 FAIRVIEW AVE N
Applicant
ONECOMM CORPORATION
Status
APPROVED
PIN
042923430002
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />2) That Grantee, and Grantee alone, will render <br />services dependent upon Grantee's system, as extended, within <br />the City/County and that Grantee will not allow any other <br />legal entity to use its system, as extended, including <br />affiliated, parent or subsidiary corporation or corporations, <br />without the City/County's prior approval, which shall be <br />conditioned upon the City/County's receipt of assurance <br />satisfactory to it that the City/County will receive at least <br />the same revenue from the rendering of any such services as <br />if the same had been rendered by Grantee. <br /> <br />3) The foregoing provisions are intended to be <br />cumulative to the other rights conferred upon or retained by <br />the City/County elsewhere in this franchise. <br /> <br />SECTION 27 FRANCHISE NON-EXCLUSIVE <br /> <br />Thi~ franchise shall be non-exclusive, and neither <br />the granting of this franchise nor any of the provisions <br />contained herein shall prevent the City/County from granting <br />an identical or similar franchise to any person or persons <br />other than Grantee. <br /> <br />SECTION 28 SEVERABILITY <br /> <br />If any court of competent jurisdiction shall <br />determine tha~ any provision hereof is invalid, illegal, <br />unenforceablè, or otherwise prohibited, or if any federal or <br />state government agency of competent jurisdiction shall <br />establish or interpret any law, rule or regulation by which <br />any material or substantial provision hereof becomes invalid, <br />illegal, unenforceable or otherwise prohibited, then in <br />either event ,such holding shall in no way effect the validity <br />of the remaining portions of this ordinance1 provided however <br />that in such event the City/County and Grantee shall <br />renegotiate in good faith that term of this Agreement in <br />order to agree upon a new provision which will achieve the <br />same purpose. Notwithstanding the provisions of this <br />section, if any provisions of Sections 13, 14, 15, l6, or 18 <br />of this franchise becomes invalid, illegal unenforceable or <br />othe~wise prohibited by law, then in that event, Grantee and <br />the City/County agree to renegotiate in gOOd faith the <br />invalidated term(s) of the franchise and to include the <br />addition of terms permitted under any· new law established <br />subsequent to the effective date of this franchise which <br />would benefit the City/County. <br /> <br />25 <br />
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