02-26-2024 CC Agenda Packet - Laserfiche WebLink

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proprietary information may be disclosed pursuant to a reasonable mutually agreeable non- disclosure agreement. The intent of the parties is to work cooperatively to insure that all books and records reasonably necessary for City's monitoring and enforcement of Franchise obligations are provided to City. (6) Severability. If any provision of this Franchise is held by any Governmental Authority of competent jurisdiction, to be invalid as conflicting with any Applicable Laws now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Laws, such provision shall be considered a separate, distinct, and independent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Laws are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on City and Grantee, provided that City shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provis_ion. (7) Force Majeure. In the event Grantee 's performance of any of the terms, conditions, obligations or requirements of this Franchise is prevented or impaired due to any cause beyond its reasonable control, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within a reasonable time of its discovery of the occurrence of such an event. Such causes beyond Grantee's reasonable control shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, in ability of Grantee to obtain access to an individual 's property and inability of Grantee to secure all necessary permits to utilize utility poles and conduit so long as Grantee utilizes due diligence to timely obtain said permits. (8) Most Favored Nations. In the event Grantee enters into a new franchise with the Lake Minnetonka Communications Commission during it 2013 -2014 franchise renewal proceeding ("LMCC Franchise") the City may notify Grantee in writing of its intent to require such benefits, rights or privileges contained in the LMCC Franchise and Grantee agrees to extend to City, at City sole option, the benefits, rights and privileges of any term or terms within the LMCC Franchise on mutually acceptable terms. SECTION 11 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS (1) Publication; Effective Date. This Franchise shall be published in accordance with Applicable Law and accepted by the Grantee. The "Effective Date" of this Franchise shall be the date the City's withdrawal from the LMCC is final. It is the understanding of the parties that this date shall be December 31, 2013. (2) Acceptance. Grantee shall accept this Franchise within thirty (30) of its enactment by the City Council, unless the time for acceptance is extended by City. In the event 171276v2 27 105