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or proceeding challenging this section of the Agreement as unreasonable, arbitrary, void or commercially impracticable or argue that the City did not have the authority to impose these terms or conditions, in any federal, state or local court or agency.

(I)

In consideration for the provisions of subsections (F) and (G) of this section, City agrees not to impose franchise fees in excess of five percent (5%).

(J)

Failure to comply with this section shall constitute a material breach of the Agreement and shall subject the Franchisee to all measures, legal or equitable, whether available to the City under this Agreement or otherwise.

SECTION 27:  PUBLIC NOTICE

(A)

In addition to the requirements of the state open public meeting law, RCW 42.30.010 et seq., minimum public notice of any City public meeting relating to this Agreement shall be by publication in a local newspaper of general circulation in the City at least one (1) week prior to the meeting, and by posting. at a designated public location.  Commencing on the fifth (5th) day prior to the meeting, Franchisee shall notify its Subscribers of the meeting by inserting six (6) announcements thereof on each automated Channel of its Cable System between the hours of 7:00 p.m. - 11:00 p.m. for five (5) consecutive days.

(B)

Franchisee may petition the City to waive the requirement that it cablecast any or all of the announcements specified in subsection (A) above.  Said petition shall not be accepted unless it is Filed with the City Clerk fourteen (14) days prior to the City meeting in question.  The City Manager may release Franchisee from its obligation to cablecast any or all of the announcements specified above on a showing of just cause.

SECTION 28:  SERVICE OF NOTICE

(A)

All notices required to be given to the, City under any provision of this Agreement shall be in writing and shall be deemed served:

(1)

When delivered by hand to the City Clerk, 5th Floor, Municipal Building, Spokane WA 99201-3333, during Normal Business Hours; or

(2)

When mailed by certified mail, return receipt requested, to any other person designated herein to receive such notice.

(B)

All notices required to be given to the Franchisee under any provision of this Agreement shall be in writing and shall be deemed served:

(1)

When delivered by hand or mailed to Franchisee’s address for Service of notice; or

(2)

When mailed by certified mail, return receipt requested, to any other person designated herein to receive such notice on behalf of Franchisee.

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