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d. Grantee shall have the authority to use Streets for the distribution of <br /> Grantee's System. The City may require all developers of future subdivisions <br /> to allow and accommodate the construction of the System as part of any <br /> provisions for utilities to serve such subdivisions. <br /> e. <br /> f. The Grantee specifically agrees to comply with the lawful provisions of the <br /> City Code and applicable regulations of the City. Subject to the police power <br /> exception below, in the event of a conflict between A) the lawful provisions <br /> of the City Code or applicable regulations of the City and B) this Franchise, <br /> the express provisions of the City Code shall govern. Subject to express <br /> federal and state preemption, the material terms and conditions contained in <br /> this Franchise may not be unilaterally altered by the City through subsequent <br /> amendments to the City Code, ordinances or any regulation of City, except in <br /> the lawful exercise of City' s police power. Grantee acknowledges that the <br /> City may modify its regulatory policies by lawful exercise of the City' s <br /> police powers throughout the term of this Franchise. Grantee agrees to <br /> comply with such lawful modifications to the City Code; however, Grantee <br /> reserves any rights it may have to challenge such modifications to the City <br /> Code whether arising in contract or at law. The City reserves all of its rights <br /> and defenses to such challenges whether arising in contract or at law. <br /> g. Nothing in this Franchise shall (A) abrogate the right of the City to perform <br /> any public works or public improvements of any description, (B) be <br /> construed as a waiver of any codes or ordinances promulgated by the City, or <br /> (C) be construed as a waiver or release of the rights of the City in and to the <br /> Streets. <br /> h. This Franchise complies with the Minnesota franchise standards set forth in <br /> Minnesota Statutes Section 238.084. The City and the Grantee shall conform <br /> to Minnesota laws promulgated subsequent to the date of this Franchise. The <br /> City and the Grantee shall conform to federal laws and regulations as they <br /> become effective. <br /> (2) Franchise Term. <br /> a. This Franchise shall be in effect for a period of ten (10) years from the date of <br /> acceptance by Grantee, unless renewed, revoked, or terminated sooner as <br /> herein provided ("Initial Term"). The Initial Term shall be extended for an <br /> additional five (5) years if Grantee has substantially complied with the <br /> material terms and conditions of this Franchise. Grantee shall provide written <br /> notice to City at least twelve (12) months prior to the end of the Initial Term <br /> indicating its compliance with the material terms and conditions of this <br /> Franchise. City shall respond within six (6) months of such notice from <br /> Grantee by either granting the five (5) year extension or stating in writing any <br /> 10 <br /> 232860v1 <br />