O-1998-2260 - Laserfiche WebLink

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e e benefit of the parties hereto and their respective successors and permitted transferees and assigns. All of the provisions of this Franchise apply to Grantee, its successors, and assigns, subject to applicable law. Section 39. NO WAIVER; CUMULATIVE REMEDIES. No failure on the part of the City to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other right, all subject to the conditions and limitations established in this Franchise. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shall impair any of the rights ofthe City under applicable law, subject in each case to the terms and conditiOlis of this Franchise. A waiver of any right or remedy by the City at anyone time shall not affect the exercise of such right or remedy or any other right or other remedy by the City at any other time. In order for any waiver of the City to be effective, it must be in writing. The failure of the City to take any action in the event of a material breach by the Grantee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the City to take any action permitted by this Franchise at any other time in the event that such material breach has not been cured, or with respect to any other material breach by the Grantee. Section 40. NO OPPOSITION. The Grantee agrees that it shall not oppose the intervention by the City in any suit, action, or proceeding involving the Grantee with respect to the Cable System or its operation or any material provision of this Franchise. Section 41. NO AGENCY. The Grantee shall conduct the work to be performed pursuant to this Franchise as an independent contractor and not as an agent ofthe City. Section 42. GOVERNING LAW. This Franchise shall be deemed to be executed in the City of La Porte, State of Texas, and shall be governed in all respects, including validity, 33