No Action.
Neither the City nor PacifiCorp will take any action for the purpose of securing modification
of this Franchise before either the Oregon Public Utility Commission or any court;
provided, however, that neither shall be precluded from taking any action it deems
necessary to resolve differences in interpretation of the Franchise or collection
of amounts owed hereunder. In the event that a new law or rule is adopted by the State
of Oregon and the new law or rule conflicts with the terms of this Franchise, the
parties agree to make good faith efforts to reconcile the Franchise terms with the
new law or rule.
17.2
Breach.
In the event PacifiCorp or the City fail to fulfill any of their respective obligations
under this Franchise, the City or PacifiCorp, whichever the case may be, will have
a breach of contract claim and remedy against the other in addition to any other remedy
provided by law, provided that no remedy which would have the effect of amending the
specific provisions of this Franchise shall become effective without such action which
would be necessary to formally amend the Franchise.
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