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<br />. <br /> <br />. <br /> <br />Ordinance No. 1175, Page 29. <br /> <br />-. <br /> <br />under such conditions 'as may therein be prescribed. No <br />assignment to any person shall be effective until the assignee <br />has filed with the City Clerk an instrument, duly executed, <br />reciting the fact of such ass~gnment, accepti~g the terms of this <br />franchise, and agreeing to comply with all of the provisions <br />hereof. <br /> <br />Section '31. VALUATION. <br /> <br />This franchise is granted subject to the lawful provi- <br />sions of Article XI. Section 114, of the City Charter, which provi- <br />sions are made a part hereof and incorporated herein by reference. <br />. If City, should elect to exercise its righ~s under such Charter <br />provisions, payment of a fair valuation. which shall be the then <br />\ <br /> <br />current fair market value" ~hall be required. Should the parties <br />fail to agree upon the then current fair market value, the same <br />shall be determined in an appropriate proceeding filed in any <br /> <br />court having jurisdiction. <br /> <br />Section 32. PUBLICATION COST <br /> <br />In compliance with the provisions of Article XI. Section <br /> <br />109 of the City Charter. Grantee shall pay the cost of those <br /> <br />. <br /> <br />publications of this franchise required by such Charter provisions. <br /> <br />Section 33. GRANTEE TO HAVE NO RECOURSE. <br /> <br />. <br /> <br />A. Requirements and Enforcement. Except as expressly <br />provided herein, Grantee shall have no recourse whatsoever against <br />City for any loss, cost, expense or damage arising out of the <br />provisions or requirements of this franchise or because of the <br />enforcement thereof by City or because of the lack of City's <br />authority to grant all or any part of this franchise. <br />B. Grantee's Understanding. Grantee expressly acknowledges <br />that in accepting this franchise, it relied solely upon its own <br />investigation" and understanding of the power and authority of <br />