Ordinance 2215-97 - Laserfiche WebLink

property and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Right of Way. 11.3 At initial installation, Metricom is installing Radios and related equipment, more fully described in section 3.7. In accordance with Metricom's then-current business plan, and as technological changes allow, Metricom will replace Radios installed in the City with smaller units, if and when such Radios become generally deployed in Metricom's Ricochet system, as might be approved by the City.. 11.4 This Franchise contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Franchise which are not fully expressed herein. 11.5 This Franchise may not be amended except pursuant to a written instrument signed by both parties . 11.6 If any one or more of the Provisions of this Franchise is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the legality, validity, or constitutionality of the remaining portions hereof. The Council hereby declares that it would have passed this Franchise and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.7 Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities 24 hours a day, 7 days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 556-6123 regarding such problems or complaints. 11.8 This Franchise shall be governed and construed by and in accordance with the laws of the State of Washington, without reference to its conflicts of law principles. In the event that suit is brought by a party to this Franchise, the parties agree that trial of such action shall be vested exclusively in the state courts of Washington, County of Snohomish. 11.9 All exhibits referred to in this Franchise and any addenda, attachments, and schedules which may, from time to time, be referred to in any duly executed amendment to this Franchise are by such reference incorporated in this Franchise and shall be deemed a part of this Franchise. 11.10 This Franchise is binding upon the successors and assigns of the parties hereto. 13