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SECTION 10. PROVISIONS OF ORDINANCE. <br />10.1 Severability. Every section, provision, or part of this Ordinance is declared separate <br />from every other section, provision, or part; and if any section, provision, or part shall be held <br />invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is <br />unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the <br />franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other <br />City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance <br />shall prevail. <br />10.2 Limitation On Apphcabifity. This Ordinance constitutes a franchise agreement <br />between the City and Company as the only parries and no provision of this franchise shall in any <br />way inure to the benefit of any third person (including the public at large) so as to constitute any <br />such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, <br />or otherwise give rise to any cause of action in any person not a party hereto. <br />SECTION 11. AMENDMENT PROCEDURE. <br />Either party to this franchise agreement may at any time propose that the agreement be <br />amended. If the other party agrees to the proposed amendment or any modification thereof, this <br />Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the <br />provisions of the amendment, which amendatory ordinance shall become effective upon the filing of <br />Company's written consent thereto with the City Clerk after City council adoption of the <br />• amendatory ordinance. <br />Passed and approved: \ ov-c ,r ate ;-4 , 104Z . <br />Mayor of the City of New Brighton, Minnesota <br />Attest:` q r� <br />City Clerk, Clerk, New Brighton, Minnesota <br />JMS-223419v4 <br />NE136-154 <br />