«Ordinance No. 2081 An ordinance of the City Council of the City of Milwaukie, Oregon, granting to Astound Broadband, LLC, a Washington limited ...»
The City is vested with the power and authority to reasonably regulate and manage its Streets and Public Ways in a competitively-neutral and non-discriminatory manner, and in the public interest. Grantee shall not be relieved of its obligations to comply with any provision of this Franchise Agreement by reason of the failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise Agreement by reason of such failure or neglect.
If any section, subsection, sentence, clause, phrase or word of the Franchise Agreement is held to be invalid or unconstitutional by any court of competent jurisdiction or pre-empted by federal or state regulations or law, such section, subsection, sentence, clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions hereof.
The captions to sections throughout this Franchise Agreement are intended solely to facilitate reading and reference to the sections and provisions contained herein. Such captions shall not affect the meaning or interpretation of this Franchise Agreement.
The Grantee shall not be relieved of its obligations to comply with any of the provisions of th is Franchise Agreement by reason of any failure of the City to enforce prompt compliance.
If by reason of force majeure the Grantee is unable in whole or in part to carry out its obligations hereunder, the Grantee shall not be deemed in violation or default during the continuance of such inability. The term "force majeure" as used herein shall mean the following : acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies;
586819-8 Astound Broadband, LLC Telecommunications Franchise orders of the government of the United States of America, or of the State of Oregon, or their departments, agencies, political subdivisions, or officials; acts of any civil or military authority;
insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; restraint of government and people; civil disturbances; explosions; partial or entire failure of utilities; and similar occurrences outside the control of the Grantee. The Grantee agrees, however to give its best efforts to remedy as soon as possible, under the circumstances, the cause or causes preventing Grantee from carrying out its responsibilities and duties under this Franchise Agreement.
This Franchise Agreement contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties and approved by City Council resolution.
Wherever the consent or approval of either the Grantee or the City is specifically required in this Franchise Agreement, such consent or approval shall not be unreasonably withheld.
All communications with the City by the Grantee referred to in this Franchise Agreement shall be made through the Office of the City Manager of City of Milwaukie, unless otherwise specified in this Franchise Agreement. Grantee shall provide any written communication required by this Franchise Agreement within sixty (60) days of being requested to do so by the City, in each case in which no other specific minimum time limit for a communication is identified in the Franchise Agreement.
8.13 Franchise Review
Either the City or the Grantee may request the other party to participate in good faith negotiations, no more often than once per year beginning six months after the effective date of this Franchise Agreement, for a period not to exceed six (6) months, to consider adoption of amendments to the Franchise Agreement. There shall be no obligation for either party to enter negotiations.
586819-8 Astound Broadband, LLC Telecommunications Franchise Following negotiations, amendments to the Franchise Agreement may be presented to the City Council for adoption. Nothing in this section requires either the City or the Grantee to agree to any amendment to the Franchise Agreement, and any amendment to the Franchise Agreement must be formally accepted by both parties.
8.14 Grantee Responsibility for Documentation
It shall be the responsibility of the Grantee to maintain all management information and recordkeeping systems which will permit the clear, complete, and rapid documentation of compliance with the requirements of this Franchise Agreement. Such documentation shall be provided to the City by the Grantee upon request, no later than ten (10) days following such request.
8.15 Grantee Responsible for Costs of Complying with Franchise Agreement Unless otherwise specifically stated in this Franchise Agreement, it shall be the responsibility of the Grantee to bear the cost of complying with all of the terms of the Franchise Agreement.
Any notice provided for under this Franchise Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such address as the
receiving party specifies in writing:
City Manager City of Milwaukie, City Hall 10722 SE Main Street Milwaukie, OR 97222 This is to advise the City of Milwaukie, Oregon (the "City") that Astound Broadband, LLC (the "Grantee") hereby accepts the terms and provisions of Ordinance No. ;tiJ61, passed by the City Council on July 15, 2014 (the Franchise Agreement) granting a Franchise. The Grantee agrees to abide by all provisions, terms and conditions of the Franchise Agreement subject to applicable federal, state and local law.
Astound Broadband, LLC