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<br />e <br /> <br />e <br /> <br />violation or failure to comply, shall be construed to waive or <br />otherwise affect the TELEPHONE COMPANY'S right to seek a judicial <br />determination of the rights and responsibilities of the parties <br />under this Ordinance. <br /> <br />(e) The TELEPHONE COMPANY shall not be excused from complying with <br />any of the terms and conditions of this Ordinance by the previous <br />failure of the CITY to insist upon or to seek compliance with such <br />terms or conditions. <br /> <br />SECTION 13 - COMPENSATION TO THE CITY <br /> <br />(a) As compensation for the use, occupancy, oversight, supervision <br />and regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in <br />full compensation for any lawful tax or license or charge or <br />RIGHT-OF-WAY permit fee or inspection fee, whether charged to the <br />TELEPHONE COMPANY or its contractor (s), or any RIGHT-OF-WAY easement <br />or street or alley rental or franchise tax or other character of <br />charge for use and occupancy of the RIGHTS-OF-WAY within the CITY, <br />except the usual general ad valorem taxes, special assessments in <br />accordance with State law or sales taxes now or hereafter levied by <br />the CITY in accordance with State law, the CITY hereby imposes a <br /> <br />-22- <br />