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, <br /> Company within a reasonable period. If the Company is required to indemnify and <br /> defend, it will thereafter have control of such litigation,but the Company may not <br /> settle such litigation without the consent of the City, which consent will not be <br /> unreasonably withheld. This section is not as to third parties a waiver of any <br /> defense or immunity otherwise available to the City; and the Company, in defending <br /> any action on behalf of the City is entitled to assert in any action every defense or <br /> immunity that the City could assert in its own behalf. <br /> SECTION 6. SUCCESSORS IN INTEREST. <br /> 6.1 This ordinance and the rights and obligations conferred hereby, is binding on and <br /> inures to the benefit of the City and its successors and on the Company and its � <br /> successors and permitted assigns. <br /> SECTION 7. FRANCHISE FEE. <br /> 7.1 Separate Ordinance. The City reserves all rights under Minnesota Sta.tutes, <br /> §216B.36, §301B.01 or other law to require a franchise fee at any time during the <br /> term of this franchise. The franchise fee must be imposed by a separate ordinance <br /> adopted by the City Council, which ordinance may not be adopted until at least sixty <br /> (60) days after Notice enclosing such proposed ordinance has been served upon the <br /> Company by certified mail. A fee imposed under this section does not become <br /> effective until sixty(60) days after Notice enclosing the adopted ordinance has been <br /> � served upon the Company by certified mail. <br /> SECTION 8. LIMITATION ON APPLICABILITY. <br /> 8.1 Limitation on Applicability. This Ordinance constitutes a franchise agreement <br /> between the City and the Company. No provision of this franchise inures to the <br /> benefit of any third person, including the public at large, so as to constitute any such <br /> person as a third-party beneficiary of the agreement or of any one or more of the <br /> terms hereof, or otherwise give rise to any cause of action for any person not a party <br /> hereto. <br /> SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. <br /> 9.1 Previous Franchises superseded. This franchise supersedes and replaces previous <br /> franchises granted to the Company or its predecessors, including but not limited to <br /> Ordinance Numbers 44 and 242. <br /> 6 <br />