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"~ ~ CATTY OF NO`:~i'H OLMSTED ORDINANCE N0. 80-29 1~AGE 23 ' SECTION 32: FAILURE OF THE CITY TO ENFORCE THIS FRANCHISE The Grantee shall not be excused from complying with any ` "~ of the terms or conditions of this franchise by any failure of the City upon any one or more occasions to assist upon or to seek compliance with any such terms or conditions. SECTION 33: TIME ESSENCE OF THIS FRANCHISE Whenever this franchise shall set forth any time for any ac- tion to be performed by or on behalf of the Grantee, such time shall be deemed of the essence, and any failure of the Grantee to perform within the time allotted shall always be sufficient grounds for the City to revoke this franchise. SECTION 34: GRANTEE WILL NOT CONTEST VALIDITY OF FRANCHISE The Grantee agrees by the acceptance of this franchise that it will not at any time set up against the City in any claim or proceeding any condition or term of this franchise as unreasonable, arbitrary or void or that the City had not power or authority to make such term or condition, but shall be required to accept the validity of the terms and conditions of this franchise in their entirety. SECTION 35: RIGHTS RESERVED TO THE CITY Without limitation upon the rights which the City might other- wise have, the City does hereby expressly reserve the following rights, powers and authorities. (a) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the City. (b) To determine through the Council any question of fact relating to the meaning, terms, obligations or other factors of this franchise, subject to this Section. (c) To grant additional franchises within the City to other persons for the conduct of a cable television system under any conditions whatsoever acceptable to the City, notwithstanding the same might be alleged to be more favorable than the rights granted herein. (.d) To exercise any other rights, powers or duties required or authorized under the Constitution of the State of Ohio, the laws of Ohio, or the City Charter. SECTION 36: GRANTEE'S APPLICATION INCORPORATED The Grantee shall provide all services specifically set forth in its application to provide cable television service within the City, and by its acceptance of the franchise the Grantee specifically grants and agrees that its application is thereby incorporated by reference and made a part of the franchise and this Ordinance. In the event of a conflict between such proposals and the provisions of this Ordinance, that provision which provides the greatest bene- fit to the City, in the opinion of the Council, shall prevail. Failure to provide services as promised in Grantee's application as incorporated herein shall be deemed a material breach of this Ordinance to which the provisions of Sections 25 (a) and 37 (a) shall apply. SECTION 37: PENALTIES Should it be found, after conducting the hearing and appeal procedure provided for in Section 20 (c), that the Grantee is in violation of the terms of this Ordinance, the penalties chargeable to the letter of credit, provided for under Section 20, shall be as follows: _ _.~., ~„~.,~,.P,,. ~... , m