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Section 3. Non -Exclusive Franchise. <br />Section 3.1. This Franchise is granted to the Franchisee upon the express <br />condition and understanding that it shall be a non-exclusive Franchise which shall not in <br />any manner prevent or hinder the City from granting to other parties, at other times and <br />under such terms and conditions as the City, in its sole discretion, may deem appropriate, <br />other franchises or similar use rights in, on, to, across, over, upon, along, under or through <br />any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or <br />prohibit the City from using any of the roads, Public Rights -of -Way or other public <br />properties covered or affected by this Franchise, nor shall this Franchise affect the City's <br />jurisdiction, authority or power over any of them, in whole or in part. The City expressly <br />retains its power to make or perform any and all changes, relocations, repairs, <br />maintenance, establishments, improvements, dedications, or vacations of or to any of the <br />roads, Public Rights -of -Way or other public properties covered or affected by the <br />Franchise as the City may, in its sole and absolute discretion, deem fit, including the <br />dedication, establishment, maintenance and/or improvement of new Public Rights -of - <br />Way, thoroughfares and other public properties of every type and description. <br />Section 4. Term; Early Termination. <br />Section 4.1. The initial term of the Franchise shall be for a period of five (5) years <br />(the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until <br />the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term <br />Expiration Date"), unless earlier terminated, revoked or modified pursuant to the <br />provisions of this Franchise. <br />Section 4.2. The Franchise granted by this Ordinance shall automatically renew <br />on the fifth anniversary of the Effective Date with the same terms and conditions as set <br />forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, <br />together with the Initial Term, the "Term"), unless either party provides one hundred <br />twenty (120) days written notice to the other party to request an amendment to the <br />Franchise. <br />Page 4 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />8 <br />