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Ord_1533
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Last modified
5/29/2018 12:58:51 PM
Creation date
5/25/2018 10:23:29 AM
Metadata
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
10/9/2017
Meeting Type
Regular
Ordinance #
1533
Ordinance Title
Cable Televsion Franchise Ordinance
Ordinance Date Passed
10/9/2017
Ordinance Date Published
10/17/2017
Publication Type
Ordinance
Publication Newspaper
Review
Publication Date (lst)
10/17/2017
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I <br /> l <br /> 1 <br /> { <br /> i <br /> Con nission and/or Member Cities may invoke all rights and remedies they may have <br /> tinder the Franchises and any renewed Franchises. Any failure by Membrrr. City to <br /> adopt and execute.a.renewal cable service franchise that contains the terms set forth in <br /> Section 9 sliall not be deemed a violation of this Settlement Agreement on Comeiisys <br /> part. <br /> 15. C6 and its al`�liates shall ziiit tale any ac"tion co claallcra�e,or cause <br /> another person or'entity to challenge,any provision of this Settlement Agreement as <br /> contrary to or unenforceable under applicable laws,regulations,orders and decisions,nor <br /> will they participate with any other person.or entity in any such challenge. <br /> 16. Nothing in this Settlement Agreement usurps,preempts;waives or limits <br /> the Member Cities':authority to grant or deny the renewal of the Franchises currently <br /> held by Go>rieast,or to establish the terms and conditions of any renewal cable service <br /> franchises/ordinances. <br /> 17. Nothing iii this Settlement Agreement waives;limits or modifies the <br /> Parties' rights,remedies,responsibilities and defenses tinder applicable laws,regulations, <br /> ordinances,agreements;orders and decisions, including but not limited to Chapter 238 of <br /> Minnesota Statutes, Section 626 of the Gable Act and the tiranchises,sinless otherwise <br /> expressly provided herein. <br /> 18. Nothing in this Settlement Agreement shall be construed to mean that <br /> Comcast is entitled to renewed cable service franchises. <br /> 19. Nothing in this Settlement Agreement shall be construed to mean that <br /> Comeast is in compliance with the Franchises and applicable laws and regulations except <br /> as to the franchise'fee payment review for the Review Period which is hereby resolved <br /> and for which Coil zcast is in full compliance as to they specific issues addressed in this <br /> Agreement for the Review Period. By executing this Settlement Agreement,Comcast is <br /> .not admitting that it has:failed to comply with the Franchises and Applicable laws and <br /> .regulations. " <br /> 20. The Parties agree that,other than the Member Cities,there shall be rtes <br /> third party benel`ic Aries to this Settlement Agreement; Nothing herein shall give rise to <br /> any rights or causes of action that may be enforced or brought by a third,party,other than. <br /> the Mctiiber Cities. <br /> 21. This Settlement Agreement shall babinding upon and shall inure to the <br /> benefit of the Parties hereto,acid their successors in interest,asSigns,personal <br /> representatives and hoixs. <br /> 22. This Settlement Agreement is freely and voluntarily entered into by the <br /> Parties, without any duress orcoerc.ion,and after each party has consulted with its <br /> counsel. Each,I <br /> par hexato has carefully and completely read all of the terms and <br /> provisions of this Settlement Agreement. <br /> 9 <br /> i <br /> i <br />
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