§ 42. Non-Litigation.  


Latest version.
  • Franchisee agrees, by accepting this Franchise, that all applicable requirements have been met fully and that the process of awarding this Franchise and content herein are consistent with federal, state and local laws and regulations. Franchisee therefore stipulates that it will not commence, fund or prosecute any litigation or administrative proceeding before any competent tribunal against the City, its officers, employees, agents, or representatives arising out of the content of or process used in the development of this Franchise. This is a material provision of this Franchise and the failure to adhere to its requirements shall render the Franchise null and void as of the time that such action is filed. This provision shall not interfere with the right of the Franchisee to seek review regarding the application of this Franchise during its term.

(Ord. No. 1475, § 42, 5-12-2009)