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9.7 Fee Reopener. The City, after the effective date of this franchise agreement, may desire to amend the franchise so that the Company may collect a franchise fee in a different amount or format from the fee authorized in the preceding provisions of this Section 9. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its electric franchise agreements with other cities of the second, third, or fourth class in the seven-county metropolitan area. Upon receipt of such Notice, Company shall negotiate in good faith with City to so amend this franchise agreement. If agreement is not reached within 90 days after said Notice, the City may terminate this franchise agreement upon 30 days prior written Notice enclosing a proposed amendment based upon the language Company has agreed to in an electric franchise agreement with at least two other of such cities, unless Company gives Notice to the City within said 30-day period that it will immediately agree to accept an amendment to this franchise agreement on the same terms and conditions as is set forth in the City's Notice. The termination will not be effective until after completion of any dispute resolution proceeding under Section 2.5, commenced by Company within said 30-day period, which proceeding confirms the City's action to be in compliance with this Section 9. SECTION 10. PROVISIONS OF ORDINANCE. 10. 1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Manager within 90 days after the effective date of the amendatory ordinance. 9