2019/10/23 Council Agenda Packet

12 Section 4. By consenting to this change of control,the City expressly reserves and does not waive or release any rights of the City in and to the rights-of-way as provided by state law and the Everett Municipal Code, nor does the City waive or release any claim or issue of non-compliance it may have, known or unknown, now or in the future related to the Franchise. Section 5. Written acknowledgement as provided in Section 2 shall be filed by Northwest Fiber with the City Clerk within thirty(30) days of the date of the closing of the Transaction. If any of the construction and completion bonds,security funds or insurance are amended as a result of the change of control,then Northwest Fiber shall file with the City Clerk such revised bonds, security funds or evidence of insurance within thirty(30) days of the date of the closing of the Transaction. This provision in no way permits Northwest Fiber to operate the System under the Franchise without bonds, security funds and insurance in place. Section 6. Northwest Fiber or Franchisee may change the name or legal form of the Franchisee subsequent to the passage of this Ordinance. Section 7. If any section,sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. in 2019 ORDINANCE: Frontier NW Fiber Page 3 of 4 Change of Control 75