Common use of Relationship to other laws Clause in Contracts

Relationship to other laws. (A) Grantee’s Franchise is subject to all lawful terms, conditions, and provisions of this Franchise, of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications Ordinance") as the same is now or hereafter amended by lawful exercise of the City’s police powers, of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. (B) Grantee’s rights hereunder are subject to the lawful exercise of the City’s police power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation of the Cable System, as a proper exercise of the City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (C) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Franchise for the entire term of the Franc hise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchise, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.

Relationship to other laws. (A) Grantee’s 's Franchise is subject to all lawful terms, conditions, conditions and provisions of this FranchiseFranchise Ordinance, of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications Ordinance") as the same is now or hereafter amended by lawful exercise of the City’s police powersamended, of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, and of the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. To the extent that this Franchise and SMC 21.60 are inconsistent, the provisions of this Franchise shall control. The material terms and conditions contained in this Franchise Agreement shall not be altered unilaterally by the City through modification of the Cable Communications Ordinance or any other ordinance, rule, regulation, resolution, or other enactment of the City, except as may be permitted in the lawful exercise of the City's police powers. (B) Grantee’s rights hereunder are 's Franchise is subject to the lawful exercise Charter of the City’s police powerThe City of Seattle and to those general ordinance provisions passed pursuant thereto. Nothing Unless expressly stated, nothing in this Franchise shall preclude or prohibit the City from enacting alter any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation requirements of the Cable System, as a proper exercise existing codes and ordinances of the City’s police power. , including those relating to pole attachment, street use permits, fees, taxes, or construction requirements or schedules; provided, nothing herein shall prevent Grantee acknowledges that from challenging the City may modify its regulatory policies by lawful exercise legality of the City’s police powers throughout the term of this Franchise. Grantee agrees such codes and ordinances or their application to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (C) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this the Franchise contract for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection Section 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchisecontract, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.

Relationship to other laws. (A) 1.5.1 Grantee’s 's Franchise is subject to all lawful terms, conditions, and provisions of of: ( 1) this Franchise, of Seattle ; (2) the Xxxxxx Island Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications Ordinance") as the same is now or hereafter amended by lawful exercise of the City’s 's police powers, of powers pursuant to Subsection 1.5.2 herein; and ( 3) the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. (B) 1.5.2 Grantee’s 's rights hereunder are subject to the lawful exercise of the City’s 's police power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation of the Cable System, as a proper exercise of the City’s 's police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s 's police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (C) 1.5.3 It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Franchise for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchise, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.

Relationship to other laws. ‌ (A) Grantee’s Franchise is subject to all lawful terms, conditions, and provisions of this Franchise, ; of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications OrdinanceCode") as the same is now or hereafter amended by lawful exercise of the City’s police powers, ; and of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. (B) Grantee’s rights hereunder are subject to the lawful exercise of the City’s police power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation of the Cable System, as a proper exercise of the City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. . (C) Grantee reserves all rights it may have to challenge the lawfulness of any City Code provision or modification whether such lawful modifications whether arising rights arise in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (CD) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Franchise for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchise, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.

Relationship to other laws. (A) Grantee’s 's Franchise is subject to all lawful terms, conditions, conditions and provisions of this FranchiseFranchise Ordinance, of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "the Cable Communications Ordinance") as the same is now or hereafter amended by lawful exercise amended, of the City’s police powers, Title VI of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Reform Act of 1996, as the same is now or hereafter amendedprovisions of each of which are hereby incorporated by reference and made a part of this Franchise. To the extent that this Franchise and SMC 21.60 are inconsistent, the provisions of this Franchise shall control. (B) Grantee’s rights hereunder are 's Franchise is subject to the lawful exercise Charter of the City’s police powerThe City of Seattle and to those general ordinance provisions passed pursuant thereto. Nothing in this Franchise shall preclude or prohibit the City from enacting alter any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation requirements of the Cable System, as a proper exercise existing codes and ordinances of the City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees , including those relating to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract pole attachment, street use permits, fees, taxes, or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract construction requirements or at lawschedules. (C) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this the Franchise contract for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both Both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occurBecause of this recognition, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchisecontract, or a fundamental assumption that either party is making in entering into it; provided, howeverand that this contract and all rights and obligations under it shall survive even major changes in, nothing herein shall prevent either and even the City or demise of, the Grantee from asserting that any part or parts applicable statutes, regulations and franchise rights and powers of the Franchise are preempted by state or federal law as a result of such changesmunicipalities.

Relationship to other laws. (A) Grantee’s Franchise is subject to all lawful terms, conditions, and provisions of this Franchise, of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications Ordinance") as the same is now or hereafter amended by lawful exercise of the City’s police powers, of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. (B) Grantee’s rights hereunder are subject to the lawful exercise of the City’s police power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation of the Cable System, as a proper exercise of the City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (C) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Franchise for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchise, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.

Relationship to other laws. (A) Grantee’s Franchise is subject to all lawful terms, conditions, and provisions of this Franchise, ; of Seattle Municipal Code Chapter 21.60 ("SMC 21.60," or "Cable Communications OrdinanceCode") as the same is now or hereafter amended by lawful exercise of the City’s police powers, ; and of the Communications Act of 1934, as amended by the Cable Consumer Protection Act of 1984, the Cable Communications Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, as the same is now or hereafter amended. (B) GranteeXxxxxxx’s rights hereunder are subject to the lawful exercise of the City’s police power. Nothing in this Franchise shall preclude or prohibit the City from enacting any ordinance in the interest of public health, safety and welfare, which may impact the Grantee in its operation of the Cable System, as a proper exercise of the City’s police power. Grantee acknowledges that the City may modify its regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. . (C) Grantee reserves all rights it may have to challenge the lawfulness of any City Code provision or modification whether such lawful modifications whether arising rights arise in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law. (CD) It is the intent of both parties that each party shall enjoy all rights and be subject to all obligations of this Franchise for the entire term of the Franc hise Franchise and, to the extent any provisions have continuing effect, after its expiration. However, both parties recognize that the technology of cable television and related technologies are in a state of flux and that regulatory conditions and franchise rights and powers may change drastically during the term of this Franchise. Should such changes occur, the provisions and procedures of Subsection 20.1 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith to amend the Franchise to preserve the rights and obligations of the City and Grantee hereunder to the fullest extent consistent with such changes. The parties agree that the perpetuation of the substantial equivalent of the current statutory and regulatory structure governing cable television is not a condition of this Franchise, or a fundamental assumption that either party is making in entering into it; provided, however, nothing herein shall prevent either the City or the Grantee from asserting that any part or parts of the Franchise are preempted by state or federal law as a result of such changes.