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2005_Ordinances
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2005_Ordinances
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SECTION 1701 ALL WAIVERS IN WRITING AND EXECUTED BY THE <br />. PARTIES <br />Subject to the foregoing, any waiver of the franchise granted by this Ordinance or any of <br />its provisions shall be effective and binding upon the Parties only if it is made in writing <br />and duly signed by the Parties. <br />SECTION 1702 NO CONSTRUCTIVE WAIVER RECOGNIZED <br />If either Party fails to enforce any right or remedy available under the franchise granted <br />by this Ordinance, that failure shall not be construed as a waiver of any right or remedy <br />with respect to any breach or failure by the other Party. Nothing herein shall be <br />construed as a waiver of any rights, privileges or obligations of the City or the Company, <br />nor constitute a waiver of any remedies available at equity or at law. <br />ARTICLE XVIII <br />SECTION 1801 NO DISCRIMINATION <br />The Company's rights, privileges and obligations under the franchise granted by this <br />Ordinance shall be no less favorable than those granted by the City to and shall not be <br />interpreted by the City in a less favorable manner with respect to any other similarly <br />situated entity or person or user of the City's Public Rights -of -Way. <br />20 <br />
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