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City's police power authority, such other ordinance(s) shall take precedence over the <br />regulatory provisions set forth herein. <br />Section 17. Limitation of City's Liability. <br />Section 17.1.Administration by the City of the Franchise granted by this Franchise <br />Ordinance shall not be construed to create the basis for any liability to any third party on <br />the part of the City, its elected and appointed officials, officers, employees, and agents <br />for any injury or damage from the failure of the Franchisee to comply with the provisions <br />of this Franchise Ordinance; by reason of any plan, schedule or specification review, <br />inspection, notice and order, permission, or other approval or consent by the City; for any <br />action or inaction thereof authorized or done in connection with the implementation or <br />enforcement of the Franchise by the City; or for the accuracy of plans submitted to the <br />City. <br />Section 18. Compliance with All Applicable Laws. <br />Section 18.1. Each party agrees to comply with all present and future federal, state <br />and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive <br />any rights they may have under any such laws, rules or regulations. This Franchise is <br />subject to ordinances of general applicability enacted pursuant to the City's police powers. <br />Franchisee further agrees to remove all liens and encumbrances arising as a result of <br />said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe <br />condition, in good repair and in a manner reasonably suitable to the City. Additionally, <br />Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious <br />or offensive nature or which would create a hazard or undue vibration, heat, noise or any <br />interference with City services. City reserves the right at any time to amend this Franchise <br />to conform to any hereafter enacted, amended, or adopted federal or state statute or <br />regulation relating to the public health, safety, and welfare, or relating to roadway <br />regulation, or a City ordinance enacted pursuant to such federal or state statute or <br />regulation when such statute, regulation, or ordinance necessitates this Franchise be <br />amended in order to remain in compliance with applicable laws, but only upon providing <br />Franchisee with thirty (30) days written notice of its action setting forth the full text of the <br />amendment and identifying the statute, regulation, or ordinance requiring the amendment. <br />Page 23 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />27 <br />