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If either City or Company requests renegotiation of any term of this Ordinance, Company <br />and City agree to renegotiate in good faith revisions to any and all terms of this Ordinance. If the <br />parties cannot come to agreement upon any provisions being renegotiated, then the existing <br />provisions of this Ordinance will continue in effect for the remaining term of the Franchise. <br />SECTION 19. NO WAIVER. <br />Either City or Company shall have the right to waive any requirement contained in this <br />Ordinance, which is intended for the waiving party's benefit, but, except as otherwise provided <br />herein, such waiver shall be effective only if in writing executed by the party for whose benefit <br />such requirement is intended. No waiver of any breach or violation of any term of this <br />Ordinance shall be deemed or construed to constitute a waiver of any other breach or violation, <br />whether concurrent or subsequent, and whether of the same or a different type of breach or <br />violation. <br />SECTION 20. SEVERABILITY. <br />This Ordinance and every provision hereof, shall be considered severable, and the <br />invalidity or unconstitutionality of any section, clause, provision, or portion of this Ordinance <br />shall not affect the validity or constitutionality of any other portion of this Ordinance. If any term <br />or provision of this Ordinance is held to be illegal, invalid, or unenforceable, the legality, <br />validity, or unenforceability of the remaining terms or provisions of this Ordinance shall not be <br />affected thereby. <br />SECTION 21. ACCEPTANCE OF FRANCHISE. <br />City shall provide Company with a certified copy of this franchise by certified mail <br />within five (5) days of passage. In order to accept this franchise, Company must file with the <br />City Secretary its written acceptance of this franchise ordinance within thirty (30) days after its <br />final passage and approval by City. If such written acceptance of this franchise ordinance is not <br />filed by Company, the franchise ordinance shall be rendered null and void. <br />SECTION 22. PARAGRAPH HEADINGS. CONSTRUCTION. <br />The paragraph headings contained in this ordinance are for convenience only and shall in <br />no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both <br />Page 18 <br />4340964.4 <br />