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thereunder shall be governed by applicable City ordinances in effect at the time of <br />application for such permits. <br />Nothing in this Franchise shall be deemed to impose any duty or obligation upon the <br />City to determine the adequacy or sufficiency of Franchisee's Facilities. City's approvals <br />and inspections as provided herein, are for the sole purpose of protecting the City's rights <br />as the owner and/or manager of the Public Rights -of -Way and shall not constitute any <br />representation or warranty, express or implied, as to the adequacy of the design or <br />Construction of the Facilities or Telecommunications System, suitability of the Franchise <br />Area for Construction, or any obligation on the part of the City to ensure that Work or <br />materials are in compliance with any requirements imposed by a governmental entity. <br />The City is under no obligation or duty to supervise the design, Construction, or operation <br />of the Telecommunications System. <br />Section 17. Future Rules, Regulations, and Specifications. Franchisee <br />acknowledges that the City may develop rules, regulations, and specifications, including <br />a general ordinance or other regulations governing telecommunications operations in the <br />City. Such regulations, upon written notice to Franchisee, shall thereafter govern <br />Franchisee's activities hereunder. However, in no event shall regulations: <br />A. Materially interfere with or adversely affect Franchisee's rights pursuant to and <br />in accordance with this Franchise Agreement; or <br />B. Be applied in a discriminatory manner as it pertains to Franchisee and other <br />similar user of such facilities. <br />Section 18. Repealer. Intentionally Deleted. <br />Section 19. Entire Agreement. This Franchise contains all covenants and <br />agreements between the City and the Franchisee relating in any manner to the Franchise, <br />use, and occupancy of the Public Rights -of -Way and other matters set forth in this <br />Franchise. No prior agreements or understanding pertaining to the same, written or oral, <br />shall be valid or of any force or effect and the covenants and agreement of this Franchisee <br />shall not be altered, modified, or added to except in writing signed by the City and <br />Franchisee and approved by the City in the same manner as the original Franchise was <br />approved. <br />Section 20. Calculation of Time. Except where a period of time refers to "business <br />days," all periods of time referred to herein shall include Saturdays, Sundays, and legal <br />holidays in the State of Washington, except that if the last day of any period falls on any <br />Saturday, Sunday, or legal holiday in the State of Washington, the period shall be <br />extended to include the next day which is not a Saturday, Sunday, or legal holiday in the <br />State of Washington; provided that, the Effective Date shall be determined as provided in <br />this Franchise. <br />Section 21. Time Limits Strictly Construed. Whenever this Franchise sets forth <br />a time for any act to be performed by Franchisee, such time shall be deemed to be of the <br />essence, and any failure of Franchisee to perform within the allotted time may be <br />considered a Default of this Franchise. <br />35 <br />