§ 812.15. MISCELLANEOUS PROVISIONS.  


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  • (a) Governing Law. This chapter shall be subject to all applicable laws of the United States of America and the State of Michigan.
    (b) Description Headings. Section and subsection headings are descriptive and used merely for the purpose of organization. Where inconsistent with the text, they are to be disregarded.
    (c) Modifications. In the event of unforeseen circumstances beyond the Franchisee's control that occur in connection with the construction, installation, maintenance or operation of its cable television system, the Franchisee shall have the right to petition the Municipality for modifications of the terms of this chapter where modifications sought by the Franchisee are shown to be necessary to ensure the economic viability of its cable television system.
    (d) Subsequent Franchises. Should the City grant a franchise to construct, operate and maintain a cable television system to any other person subsequent to the date hereof, the Franchisee hereunder shall be entitled to substitute for any provision of this chapter any provision in such other Franchise which would be more favorable to the Franchisee than the comparable provision of this chapter.
    (e) Severability. If any provision of this chapter or any portion of any provision hereof is deemed invalid under any applicable ordinance or rule of law, such provision shall be, to the extent of such invalidity, deemed omitted, and all remaining provisions shall remain in full force and effect.
    (f) Force Majeure. In the event that the Franchisee's performance of any of the terms, conditions, obligations or requirements of this chapter is prevented or impaired due to any cause(s) beyond its reasonable control, including, but not limited to, acts of God, labor disputes, manufacturers' or contractors' inability to timely provide personnel or material, failure of transportation, or any cause not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof.
    (g) Applicable Federal and State Laws. All provisions of this chapter are subject to applicable State or Federal laws, rules and regulations, and shall be governed by and shall be construed in accordance therewith.
    (Ord. 52. Passed 6-13-88; Ord. 100. Passed 12-8-03.)