§ 17. Non-Contestability—Breach of Contract.  


Latest version.
  • 17.1

    No Action. Neither the City nor Monmouth Power and Light will take any action for the purpose of securing modification of this Franchise before 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 Monmouth Power and Light or the City fail to fulfill any of their respective obligations under this Franchise, the City or Monmouth Power and Light, 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.