§ 25.34. Limits on Grantee's Recourse.

A.

Except as expressly provided in the Cable Act, this ordinance or the Franchise Agreement, the Grantee shall have no recourse against the City and the City, its officials, agents and employees shall have no liability for any loss, expense or damage resulting from the terms and conditions of this ordinance or the Franchise because of the City's enforcement, or lack of enforcement, thereof, including any losses, expenses or damages which may arise from the regulation of Basic Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, assignment or amendment of a Franchise. Any relief, to the extent permitted by Federal, State or local law, shall be limited to injunctive and declaratory relief. The Grantee expressly agrees that upon its acceptance of the Franchise it does so relying upon its own investigation and understanding of the power and authority of the City to grant said Franchise.

B.

The Grantee, by accepting the Franchise, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the City or by any third person regarding any term or condition not expressed in this ordinance or the Franchise Agreement. The Grantee further pledges that no promise or inducement, oral or written, has been made to any City employee or official regarding receipt of the Cable Television Franchise.

C.

The Grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this ordinance and accepts without reservation the obligations imposed by the terms and conditions herein.

D.

The decision of the City concerning Grantee selection and awarding of the Franchise shall be final.

E.

The Grantee shall not apply for any waivers, exceptions, or declaratory rulings on or relating to this ordinance or the Franchise from the Federal Communications Commission or any other federal or state regulatory agency without prior written notice to the City.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)