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that this Franchise was negotiated by the parties and that each party was represented by counsel of their choosing in the negotiations which led to this Agreement.

(D)

Franchisee’s obligation to indemnify and/or hold harmless the City as set forth in Chapter 10.27 and elsewhere in this Agreement shall not in any way be modified by the grant of immunity to employers under Title 51 RCW.  This waiver has been mutually negotiated by and between the City and the Franchisee.

SECTION 8:  RIGHT OF CITY TO ISSUE FRANCHISE

Franchisee acknowledges and accepts the right of the City to issue a Franchise and Franchisee agrees it shall not now nor at any time hereafter challenge this right in any way, including in any state or federal court.

SECTION 9:  EFFECTIVE DATE OF FRANCHISE

Subject to the provisions of Section 10.27.250 of Chapter 10.27, the effective date of the Franchise shall be the date upon which this Agreement and identical facsimiles of this Agreement have been executed by Franchisee and the City.  Such execution must be exercised in writing.  Notice of such execution shall be delivered by Franchisee to the City Clerk by hand or by registered or certified mail.

SECTION 10:  TIME IS OF THE ESSENCE TO THIS AGREEMENT

Whenever this Agreement shall set forth any time for an act to be performed by or on behalf of the Franchisee, such time shall be deemed of the essence.  Any failure of the Franchisee to perform within the time allotted shall always be sufficient grounds for the City to invoke any appropriate remedy, including, without limitation, termination of this Agreement pursuant to Section 10.27.350 of Chapter 10.27.

SECTION 11:  TAXES

As is consistent with applicable law, nothing contained in this Agreement shall be construed to except the Franchisee from any tax, liability or assessment authorized by law or from provisions of Titles 4 and 8 of the Spokane Municipal Code.

SECTION 12:  FRANCHISE AGREEMENT

(A)

This Franchise Agreement is a contract between the City and the Franchisee, binding upon both parties.  It is the intent of the parties that the Franchise Agreement (or any renewal hereof) shall be subject to amendment by mutual agreement from time to time to allow the Franchisee to innovate and implement new services and developments, or to agree to any terms allowed by law and for which each party agrees to bargain in good faith with the other party, upon the initiation of any proposed amendment.  Franchisee agrees that it will Maintain its System at state-of-the-art standards and will employ new technological developments whenever technically and economically feasible.

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