§ 9. ACCEPTANCE.  


Latest version.
  • (a)

    By accepting this franchise, the Grantee agrees to be bound by all the terms and conditions in this franchise. The Grantee also agrees to provide all services within the franchise area.

    (b)

    By accepting this franchise, the Grantee acknowledges that it does so relying upon its own investigation and understanding of the power and authority of the City in connection with the system and the franchise.

    (c)

    By accepting the franchise, the Grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement not expressed therein, whether oral or written, concerning any term or condition of the franchise, regardless of whether such statement was made by or behalf of the City.

    (d)

    By accepting the franchise, the Grantee acknowledges that it has carefully read the terms and conditions of the franchise agreement.

    (e)

    Nonexclusive. The franchise granted hereunder shall be nonexclusive. The City specifically reserves the right to grant at any time such additional nonexclusive franchises containing equivalent standards, terms and conditions to those previously granted hereunder for a cable communications system as it deems appropriate.

    (f)

    Severability. If any section, subsection, sentence, clause, phrase or portion of this franchise is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or by any federal, state or local statute or franchise, such portion shall be deemed a separate, distinct and independent provision and shall be excised as such; and such holding shall not affect the validity of the remaining portions hereof.