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Franchise. This Franchise does not and shall not authorize the construction, operation, <br /> maintenance, or reconstruction of personal wireless facilities as a part of the Telecommunications <br /> System or otherwise. In order to provide any other services over the Facilities, the Grantee shall <br /> be required to obtain any additional governmental authorization(s) required by federal, State or <br /> local law. <br /> B. Each and every term, provision or condition herein is subject to the provisions of state law, <br /> federal law, the City Charter and City ordinances and regulations. As provided by Everett City <br /> Charter §13.4, this Franchise shall be subject to the right of the City Council, or the people of the <br /> City acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to <br /> repeal, amend or modify the Franchise with due regard to the rights of the Grantee and the interest <br /> of the public; and to cancel, forfeit and abrogate any such grant if the Franchise granted hereby is <br /> not operated in full accordance with its provisions, or at all; and at any time during the grant to <br /> acquire, by purchase or condemnation, for the use of the City itself, all the property of the Grantee <br /> within the limits of the public streets, at a fair and just value, which shall not include any valuation <br /> 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, interne access, private line <br /> services and Telecommunications distribution services. <br /> D. No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of <br /> example 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; or <br /> (3) 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 <br /> 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. <br /> This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable <br /> or Open Video System services, whether similar, different or the same as the conditions specified <br /> herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the <br /> 7 of31 <br />