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Cahlevision/Mayfield Village Franchise Agreement 2000 Page No. ~- (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 Grantor for a modification of this Franchise Agreement. To effectuate the proposed request, for modification, the Grantee shall file with the Village Clerk a petition identifying the provision(s) which Grantee contends are mole 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 hearing, 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 modification of its Franchise Agreement is warranted. The hearing maybe continued from time to time in order to secure additional evidence or information to facilitate the Village Council's review of Grantee's 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. Section 8. Conflict with Cable Ordinance and Reservation of Rights. (a) The provisions of the Codified Ordinances, are hereby incorporated herein by reference as of set out in full, and form part of the terms and conditions of this Franchise Agreement. In the event of any conflict between 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 Graritee each reserves all the rights that they may possess under law . unless expressly waived herein; except that Grantor may not subsequently enact or modify ari ordinance, the effect of which is to unilaterally negate or materially alter a material obligation or right of Grantee under this Franchise Agreement negotiated in good faith between Grantor and Grantee, unless required by federal or state law or the Federal Communications Commission. t ('u) Grantee shall not have recourse against the Grantor or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of the Codified Ordinances, this Franchise Agreement or the enforcement thereof. The Grantee hereby further waives all right to at any time file a legal action challenging the 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 to enforce prompt compliance.. Grantor's forbearance or failure to enforce any provision of this Agreement shall not serve as a basis .to stop any subsequent enforcement. Section 9. Definitions. (a) The definitions contained in the Codified Ordinances are incorporated herein as if M & M 1999 ~ Page 6 of 28