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Ordinance 2858-05
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Ordinance 2858-05
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3/26/2015 2:34:14 PM
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Ordinances
Ordinance Number
2858-05
Date
8/3/2005
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15.3. Costs and Expenses to be Borne by Grantee <br /> The costs and expenses associated with the renewal of this franchise will be borne by the <br /> Grantee. Franchise renewal-related costs and expenses and all costs and expenses of publication <br /> of this Franchise and any Ordinance related hereto. <br /> 15.4. Binding Effect <br /> This Franchise shall be binding upon the parties hereto, their permitted successors and <br /> assigns. <br /> 15.5. Authority to Amend <br /> This Franchise may be amended at any time by written agreement between the parties. <br /> 15.6. No Joint Venture <br /> Nothing herein shall be deemed to create a joint venture or principal-agent relationship <br /> between the parties, and neither party is authorized to, nor shall either party act toward third <br /> Persons or the public in any manner that would indicate any such relationship with the other. <br /> 15.7. Waiver <br /> The failure of the City at any time to require performance by the Grantee of any provision <br /> hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the <br /> waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any <br /> succeeding breach of such provision, or as a waiver of the provision itself or any other provision. <br /> 15.8. Venue <br /> Venue for any judicial proceeding regarding this Franchise shall be in Snohomish <br /> County. <br /> 15.9. Governing Law <br /> Applicable local, State and federal law (including, but not limited to, the Cable Act and <br /> all rules, regulations, rulemakings and orders of the FCC) shall govern this Franchise. <br /> 15.10. Entire Agreement <br /> This Franchise represents the entire understanding and agreement between the parties <br /> hereto with respect to the subject matter hereof and supersedes all prior oral or written <br /> negotiations between the parties. <br /> 15.11. Acceptance <br /> After the passage and approval of this Ordinance and within thirty days after such <br /> approval, this Franchise shall be accepted by Black Rock by filing with the City Clerk an <br /> unconditional, acknowledged written acceptance of all terms and conditions of this Franchise. <br /> Failure of Black Rock to file such an acceptance within thirty days of approval shall be deemed a <br /> rejection by Black Rock, and the rights and privileges herein granted shall cease after expiration <br /> 25 <br />
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