Ordinance 3077-08 - Laserfiche WebLink

2.5 Franchise Subject to State and Federal Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of state and federal law, as it may be amended, including but not limited to the Communications Act. 2.6 No Waiver: 2.6.1 The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Communications Act or any other applicable State or Federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City, nor to excuse Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2.6.2 The failure of the Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement,nor shall it excuse the City from performance, unless such right or performance has been specifically waived in writing. 2.7 Construction of Agreement: 2.7.1 The provisions of this Franchise shall be liberally construed to effectuate their objectives. 2.7.2 Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 U.S.C. § 545. 2.7.3 Police Powers: Nothing in the Franchise shall be construed to prohibit the reasonable, necessary and lawful exercise of the City's police powers. However, if the reasonable, necessary and lawful exercise of the City's police power results in any material alteration of the terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on the Franchisee of the material alteration. Any modifications shall be in writing. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then Franchisee may terminate this Agreement without further obligation to the City or, Franchisee may commence binding arbitration limited to what effect(s), if any, the City's exercise of police power has on the terms of this Franchise. In the event Franchisee elects to submit the matter to binding arbitration, Franchisee shall appoint an arbitrator and notify the City of such appointment. The City shall appoint a second arbitrator, and the two arbitrators shall appoint a third arbitrator. A majority of the panel so appointed shall decide all procedural matters and hear and decide the case. The arbitration panel's authority shall be consistent with 47 U.S.C. § 555a(a). Each party shall bear its own costs, including its appointed arbitrator, and split the cost of the third arbitrator. 3. PROVISION OF CABLE SERVICE 3.1 Service Area: EVERETT 9 Seattle-3388207.8 0010932-00119