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... .. . . . . . . ....:.?Hk..s?r . ,. _ . . ... . . . <br />' ' . <br />•, ? • <br />...;,•x,?i.. <br />including payment of any amounts due must be brought within finro years after the date <br />the cause of action accrues. Such limitation period, however, shall not preclude the <br />City from taking into account the GRANTEE's performance over the life of this <br />Agreement when considering renewal of the Franchise. <br />SECTION XXXIV <br />MATERIAL CHANGE OF CONDITIONS <br />In the event of: (i) any change in, amendment to, modification, adoption or <br />repeal of any federal, state or local law, rule or regulation which is likely to result in or <br />create economic waste or be administratively burdensome to GRANTEE's cable <br />operations as a whole, and not solely with respect to the operation of the cable <br />system to which this Agreement applies, or (ii) any other change in condition beyond <br />the control of GRANTEE (such condition being a part of the basis for entering into this <br />Agreement), which change has a material adverse effect on GRANTEE's cable <br />operations as a whole, and not solely with respect to the operation of the cable <br />system to which this Agreement applies, then GRANTEE shall have the right to <br />terminate this Agreement without any further liability or obligation, except any accruing <br />prior to the date of termination, upon 180 days prior written notice to the City. Such <br />written notice shall be accompanied by documentation reasonably necessary to <br />establish that either or both of the above condition(s) has been met. <br />SECTION XXN <br />JOINT WORK PRODUCT <br />This Agreement is the joint work product of representatives of the City and the <br />Grantee; accordingly, in the event of ambiguities, no inferences will be drawn against <br />either party, including the party that drafted this Agreement in its final form. <br />SECTION XXNI <br />ENTIRE AGREEMENT <br />This Agreement, the documents and Exhibits that are referred to in this <br />Agreement constitute the entire Agreement among the parties pertaining to the <br />subject matter of this Agreement, and supersede all prior and contemporaneous <br />agreements, understandings, negotiations and discussions of the parties, whether <br />oral or written, and there are no representations or other agreements among the <br />parties in connection with the subject matter of this Agreement, except as specifically <br />37