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2005_Ordinances
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2005_Ordinances
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Subject to the foregoing, any waiver of the franchise granted by this Ordinance or any of its <br />• provisions shall be effective and binding upon the Parties only if it is made in writing and duly <br />signed by the Parties. <br />• <br />• <br />SECTION 1702 NO CONSTRUCTIVE WAIVER RECOGNIZED <br />If either Party fails to enforce any right or remedy available under the franchise granted by this <br />Ordinance, that failure shall not be construed as a waiver of any right or remedy with respect to <br />any breach or failure by the other Party. Nothing herein shall be construed as a waiver of any <br />rights, privileges or obligations of the City or the Company, nor constitute a waiver of any <br />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 Ordinance <br />shall be no less favorable than those granted by the City to and shall not be interpreted by the <br />City in a less favorable manner with respect to any other similarly situated entity or person or <br />user of the City's Public Rights -of -Way. <br />Page 19 <br />
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