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09/15/00 FRI 1x:56 FAX 216 771 1070 CABLEVISION ADbfIN. Cabtevision/Mayfield Village Franchivc Agreement 2000 Page No, -6- (b) In the event Grantee determines that there has come into existence non-franchise entities which pose lesser obligations or greater benefits for those entities than are imposed by the provision of this Franchise Agreement, then Grantee may petition Crrantor for a modification of this Franchise Agreement. I'o effectuate the proposed request for modification, the Grantee shall file with the Village Clerk a petition identifying the provision(s) which Grantee contends are more favorable or less burdensome that those granted to Grantee and the specific relief sought by Grantee. Grantor shall hold a hearing upon the submitted petition within thirty (30) days of the date submitted to the Village Clerk . At such hea,~ing, Grantor shall be permitted to provide evidence of those provisions which Grantee contends are more Favorable or less burdensome that those granted to Grantee and further provide evidence as to why Grantee believes a rtt.odification of its Franchise Agreernent is warranted. The hearing may be continued froth time to time in order to secure additional evidence or information to facilitate the Village Council's review of Grantees petition. Within thirty (30) days of the date the hearing is concluded, the Village Council shall notify Grantee whether it will agree to modify any provisions contained in the Grantee's Franchise Agreement. Grantee agrees that the decision by the Village Council shall be within its sole and complete discretion and Council's decision shall be final. Secti®n g. Conflict with Cable ®rdinance a>led Reservatisaa~ ®f Rights. (a) The provisions of the Codified Ordinances, are hereby incorporated herein by reference as of set out in fuli, and form part of the terms and conditions of this Franchise Agreement. In the event of any conflict betvreen the terms and conditions of this Franchise Agreement and the provisions of the Codified Ordinances, the Franchise Agreement shall control, except as may be specifically otherwise provided and identified in this Franchise Agreement. Grantor and Grantee each reserves all the rights that they may possess under law unless expressly waived herein, except that Grantor may not subsequently enact or modify an, ordinance, the effect of which is to unilaterally negate or materially alter a material obligation or right of Grantee under this Franchise Agreement negotiated tat good faith between Grantor and Grantee, unless required by federal or state law or the Federal Communications Commission. (b) Grantee shall not have recourse against the Grantor or its officials, boards, commlissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of the Codified Ordinances, this Francl-use Agreement or the enforcement thereof. The Grantee hereby further waives all right to at any time file a legal action challenging ~e validity of any term or provision of this Franchise Agreement. Such action shall constitute a material breach of this Franchise Agreement. (c) Grantee is not relieved of its obligation to comply with any of the provisions of this Franchise Agreement or the Codified Ordinances by reason of any failure of the Grantor io enforce prompt compliance. Gray-ttor's forbearance or failure to enforce any provision of this Agreement shall rot serve as a basis to stop any subsequent ezuorcennent. Section 9. Definitions. ~ 007 M ~c M 1999 Yage 6 oS28