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Section 22. Joint Venture. It is not intended by this Franchise to, and nothing
<br />contained in this Franchise shall, create any partnership, joint venture, or principal -agent
<br />relationship or other arrangement between Franchisee and City. Neither Party is
<br />authorized to, nor shall either Party act toward third Persons or the public in any manner
<br />that would indicate any such relationship. The Parties intend that the rights, obligations,
<br />and covenants in this Franchise and any collateral instruments shall be exclusively
<br />enforceable by the City and Franchisee, their successors, and assigns. No Person not a
<br />Party hereto, and no such Person shall have any right or cause of action hereunder,
<br />except as may be otherwise provided herein. Further, the Franchisee is not granted any
<br />express or implied right or authority to assume or create any obligation or responsibility
<br />on behalf of or in the name of the City. However, nothing in this Section prevents an
<br />assignment as provided for in this Franchise.
<br />Section 23. Binding Effect Upon Successors and Assigns. All of the provisions
<br />contained in this Franchise shall be binding upon the heirs, successors, executors,
<br />administrators, receivers, trustees, legal representatives, transferees, and assigns of the
<br />Franchisee; and all privileges as well as any obligations and liabilities of the Franchisee
<br />shall inure to its heirs, successors, and assigns equally as if they were specifically
<br />mentioned wherever Franchisee is named herein.
<br />Section 24. Waiver. No failure by either Party to insist upon the performance of any
<br />of the terms of this Franchise or to exercise any right or remedy consequent upon a
<br />Default thereof, shall constitute a waiver of any such Default or of any of the terms of this
<br />Franchise. None of the terms of this Franchise to be kept, observed, or performed by
<br />either Party, and no Default thereof, shall be waived, altered, or modified except by a
<br />written instrument executed by the injured Party. No waiver of any Default shall affect or
<br />alter this Franchise, but each of the terms of this Franchise shall continue in full force and
<br />effect with respect to any other then existing or subsequent Default thereof. No waiver of
<br />any Default of the defaulting Party shall be implied from any omission by the injured Party
<br />to take any action on account of such default if such default persists or is repeated, and
<br />no express waiver shall affect any default other than the default specified in the express
<br />waiver and then only for the time and to the extent therein stated. One or more waivers
<br />by the injured Party shall not be construed as a waiver of the subsequent Default of the
<br />same covenant, term or conditions.
<br />Section 25. Survival of Terms. Upon the expiration, termination, revocation, or
<br />forfeiture of the Franchise, the Franchisee shall no longer have the right to occupy the
<br />Franchise Area for the purpose of providing services authorized herein. However, the
<br />Franchisee's obligations under this Franchise to the City shall survive the expiration,
<br />termination, revocation, or forfeiture of these rights according to its terms for so long as
<br />the Franchisee's Telecommunications System or any part thereof shall remain in whole
<br />or in part in the Public Rights -of -Way, or until such time as the Franchisee transfers
<br />ownership in all Facilities in the Franchise Area to the City or a third -Party, or until such
<br />time as the Franchisee abandons said Facilities in place, all as provided herein. Said
<br />obligations include, but are not limited to: Franchisee's obligations to indemnify, defend,
<br />and protect the City, to provide insurance, to relocate its Facilities, and to reimburse the
<br />City for its costs to perform Franchisee's work.
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