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<br />SECTION 4. GENERAL PROVISION ON RIGHTS AND REMEDIES <br /> <br />( <br /> <br />A. <br /> <br />All rights and remedies given to City by this Franchise shall be <br />in addition to and cumulative with any and all other rights or <br />remedies, existing or implied, now or hereafter available to <br />City at law or in equity, and such rights and remedies shall not <br />be exclusive, but each and every right and remedy specifically <br />given by this Franchise or otherwise existing or given may be <br />exercised from time to time and as often and in such order as <br />may be deemed expedient by City, and the exercise of one or <br />more rights or remedies shall not be deemed a waiver of the <br />right to exercise at the same time or thereafter any other right <br />or remedy. No delay or omission of City in the exercise of any <br />right or remedy shall impair any such right or remedy, nor shall <br />any such delay or omission be construed to be a waiver of or <br />acquiescence to any default. The exercise of any such right or <br />remedy by City shall not release Grantee from its obligations, <br />or any liability, under this Franchise. <br /> <br />B. In addition to all other remedies granted or available to City, <br />City shall be entitled to the restraint by injunction of the <br />violation, or attempted or threatened violation, by Grantee of <br />any terms or provisions of this Franchise, or to a decree <br />compelling performance by Grantee of any term or provision of <br />this Franchise. <br /> <br />SECTION 5. APPLICABLE LAWS AND COURT DECISIONS: SEVERABILITY <br /> <br />l <br /> <br />A. This Franchise shall at all time be in compliance with the rules of the <br />Board. <br /> <br />B. Grantee and City shall, at all times, comply with all laws, ordinances, <br />and regulations of federal, state, and City government relating to <br />System and this franchise, as they become effective. <br /> <br />C. If any law, ordinance, or regulation shall require or permit Grantee to <br />perform any service or shall prohibit Grantee from performing any <br />service which may be in conflict with the terms of this Franchise, <br />then as soon as possible following knowledge thereof, Grantee shall <br />notify City of the point of conflict believed to exist between such <br />law, ordinance, or regulation and this Franchise. <br /> <br />D. <br /> <br />If City determines that any provison of this Franchise is affected by <br />such law, ordinance, or regulation, City shall have the right to amend, <br />modify, alter, or repeal any of the provisions of this Franchise to such <br />reasonable extent as may be necessary to carry out the intent and <br />purpose of this Franchise, and Grantee hereby agrees to such <br />amendment, modification, alteration, or repeal of this Franchise. <br /> <br />- 59 - <br />