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governmental authorizations, may include, but are not limited to, seeking a small cell facilities <br />franchise from the City or amending this Franchise. <br />B. Each and every term, provision or condition herein is subject to the provisions of state law, federal <br />law, the City Charter and City ordinances and regulations As provided by Everett City Charter § 13.4, <br />this Franchise shall be subject to the right of the City Council, or the people of the City acting for <br />themselves by initiative and referendum, at any time, subsequent to the grant, to repeal, amend or <br />modify the Franchise with due regard to the rights of the Grantee and the interest of the public; and <br />to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is not operated in full <br />accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or <br />condemnation, to the extent permitted by applicable law, for the use of the City itself, all the property <br />of the Grantee within the limits of the public streets, at a fair and just value, which shall not include <br />any valuation of the Franchise itself unless required by law, which shall thereupon terminate. <br />C. This Franchise shall not be interpreted to prevent the City from imposing additional lawful <br />conditions, including additional compensation conditions for use of the Rights -of -Way, should <br />Grantee provide service other than Telecommunications Service. <br />D. No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example <br />and not limitation, this Franchise shall not include or be a substitute for: <br />(1) Any other permit or authorization required for the privilege of transacting and carrying on a <br />business within the City that may be required by the ordinances and laws of the City; <br />(2) Any permit, agreement, or authorization required by the City for Right -of -Way users in <br />connection with operations on or in Rights -of -Way or public property including, by way of <br />example and not limitation, street cut permits (such permit, agreement, or authorization shall <br />not be considered a use pennit as defined by EMC 13.84.010.I); or <br />Any permits or agreements for occupying any other property of the City or private entities to <br />which access is not specifically granted by this Franchise including, without limitation, <br />permits and agreements for placing devices on poles, in conduits or in or on other structures. <br />E This Franchise is intended to convey limited rights and interests only as to those Rights -of -Way <br />in which the City has an actual interest. It is not a warranty of title or interest in any Right -of -Way; <br />it does not provide the Grantee with any interest in any particular location within the Right -of -Way; <br />and it does not confer rights other than as expressly provided in the grant hereof <br />F. This Franchise does not authorize Grantee to provide Cable or Open Video System services. This <br />Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable or Open <br />Video System services, whether similar, different or the same as the conditions specified herein. ibis <br />Franchise does not relieve Grantee of any obligation it may have to obtain from the City separate <br />authorization to provide Cable or Open Video System services, or relieve Grantee of its obligation to <br />comply with any such authorizations that may be lawfully required. <br />G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the <br />maintenance and operation of the Facilities, lease, rent, transfer, convey, or sell Facilities in whole <br />{DPK2242501.DOCX;4/13113.000007/ ) <br />Wireline Franchise 7 of 30 <br />(3) <br />