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Attachment 2 321 322 8.5.Continuation of Franchise Fee.If this franchise expires and the City and the 323 Company are unable to agree upon terms of a new franchise, the franchise fee, if any being 324 imposed by the City at the time this franchise expires, will remain in effect until a new 325 franchise is agreed upon or untilthe franchise expiration as provided in section 2.6 above.In 326 no event shall the franchise fee continue beyond the franchise expiration as provided in 327 section 2.6 above. 328 329 SECTION 9.ABANDONED FACILITIES. 330 331 The Company shall comply with City ordinances, Minnesota Statutes, Sections 216D.01 332 et seq. and Minnesota Rules, part 7819.3300, as they may be amended from time to time. 333 The Company shall maintain records describing the exact location of all abandoned and 334 retired Facilities within the City, produce such records at the City’s request and comply 335 with the location requirements of Section 216D.04 with respect to all Facilities, including 336 abandoned and retired Facilities. 337 338 SECTION 10. SAFETY AND INFRASTRUCTURE REPORTING. 339 340 The Company and the City shall meet annually at a mutually convenient time to discuss 341 items of concern or interest raised by the City or the Company. 342 343 SECTION 11. PROVISIONS OF ORDINANCE. 344 345 11.1.Severability.Every section, provision, or part of this Ordinance is declared 346 separate from every other section, provision, or part; and if any section, provision, or part 347 shall be held invalid, it shall not affect any other section, provision, or part. Where a 348 provision of any other City ordinance conflicts with the provisions of this Ordinance, the 349 provisions of this Ordinance shall prevail. 350 351 11.2.Limitation on Applicability.This Ordinance constitutes a franchise agreement 352 between the City and the Company as the only parties and no provision of this franchise 353 shall in any way inure to the benefit of any third person (including the public at large) so 354 as to constitute any such person as a third-party beneficiary of the agreement or of any 355 one or more of the terms hereof, or otherwise give rise to any cause of action in any 356 person not a party hereto. 357 358 SECTION 12. AMENDMENTPROCEDURE. 359 360 Either party to this franchise agreement may at any time propose that the agreement be 361 amended. This Ordinance may be amended at any time by the City passing a subsequent 362 ordinance declaring the provisions of the amendment, which amendatory ordinance shall 363 become effective upon the filing of the Company’s written consent thereto with the City 364 Manager within sixty 60 days after the effective date of the amendatory ordinance. Neither 365 party waives any rights hereby. 366 RS160\\30\\1040203.v1 Qbhf!228!pg!74: