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<br />~ &- "11- <br /> <br />of the Fiber Optic Network Facilities installed under this Agreement, and that <br />comply with the City's lawful fee and/or franchise requirements not included in any <br /> <br />OVS agreement between the City and WILLIAMS, provided that in regards to <br /> <br />commercial video programming, the prior written notice to the City shall be thirty <br /> <br />(30) days. <br /> <br />WILLIAMS acknowledges that. any expansion or change in the <br /> <br />character or nature of the Telecommunications Services may increase CitYs <br />regulatory authority over such services. The expansion or change in services may <br /> <br />require WILLIAMS to enter into a new Agreement with City consistent with the <br /> <br />requirements of a hereinafter-enacted City ordinance which may regulate such <br /> <br />services or the expansion or change in services, if such expansion or change in <br /> <br />services falls under the lawful regulation, jurisdiction or authority of City. <br />Notwithstanding anything to the contrary or inconsistent herein, WILLIAMS shall <br /> <br />not commence the use of any OVS until the OVS agreement between the City and <br />WILLIAMS has been executed by both parties, thereto. <br /> <br />6. No Franchise Riahts Created. <br /> <br />Nothing in this Agreement shall be <br /> <br />construed as granting or creating any.franchise rights or related duties.. <br /> <br />7. Reservation of Riahts. The City is uncertain as to its legal ability to <br /> <br />regulate and to impose taxes, charges and fees on the provision or use of fiber <br /> <br />optics infrastructure and technology and related activities and services that may be <br /> <br />provided pursuant to the installation subject to this Agreement. Therefore" City <br />reserves any and all rights it may have now or in the future to legally regulate or <br /> <br />otherwise condition the use of the fiber optics infrastructure and technology and <br /> <br />R W C/C ounciII A gmy <br />Agmt.341 <br />FXSlfs <br />03/28100. 03/301OOR <br />