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regulatory authority over such services. The expansion or change in services may require <br />QWEST to enter into a new Agreement with City consistent with the requirements of a <br />hereinafter-enacted City ordinance which may regulate such services or the expansion or <br />change in services, if such expansion or change in services falls under the lawful regulation, <br />jurisdiction or authority of City. Notwithstanding anything to the contrary or inconsistent herein, <br />QWEST shall not commence the use of any OVS until the OVS agreement between the City and <br />QWEST has been executed by both padies, thereto. <br /> <br /> 6. No Franchise Riqhts Created. Nothing in this Agreement shall be construed as <br />granting or creating any franchise rights or related duties.. <br /> <br /> 7. Reservation of Ri.qhts. The City is uncertain as to its legal ability to regulate and to <br />impose taxes, charges and fees on the provision or use of fiber optics infrastructure and <br />technology and related activities and services that may be provided pursuant to the installation <br />subject to this Agreement. Therefore, City reserves any and all rights it may have now or in the <br />future to legally regulate or otherwise condition the use of the fiber optics infrastructure and <br />technology and related activities and services to be provided pursuant to the installation subject <br />to this Agreement. <br /> <br /> City's agreement hereto is not a waiver of and is without prejudice to any right City may <br />have or acquire under law to regulate, tax or impose fees or charges on QWEST or any dght <br />QWEST may have under the law to provide services through the fiber optic infrastructure <br />pursuant to state or federal laws, rules or regulations. QWEST shall be subject to any future <br />taxes, fees or charges that the City lawfully imposes on the fiber optics infrastructure and fiber <br />optic services in the future. Nothing herein shall affect in any way City's power or right to impose <br />or collect any tax or fee on users or providers of the services to be provided by QWEST. <br />Nothing herein is intended to impose regulations or conditions on QWEST that City is preempted <br />from imposing by state or federal Laws. in no event shall City charge any tax or fee based on <br />gross or net revenues of QWEST. <br /> <br />Agrnt-433 7 <br />F:/ShareOdRedwood/Council <br />FXS:djk <br />Ol/04/Ol <br /> <br /> <br />