Cable Television Franchise Agreement Page 13
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14provision of Cable Service that are in conflict with or otherwise impose obligations different
from the provisions of this Franchise Agreement are superseded by this Franchise Agreement.
10.3.1. The City/County/Village may adopt a cable television/video service
provider regulatory ordinance that complies with applicable law, provided the provisions of any
such ordinance adopted subsequent to the Effective Date of this Franchise Agreement shall not
apply to the Grantee during the term of this Franchise Agreement.
10.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion
of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any
court, agency, commission, legislative body, or other authority of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not
affect the validity of the remaining portions hereof, which other portions shall continue in full
force and effect.
If any material provision of this Agreement is made or found to be
unenforceable by such a binding and final decision, either party may notify the other in writing
that the Franchise has been materially altered by the change and of the election to begin
negotiations to amend the Franchise in a manner consistent with said proceeding or enactment;
provided, however, that any such negotiated modification shall be competitively neutral, and the
parties shall be given sufficient time to implement any changes necessitated by the agreed-upon
modification.
10.5. Governing Law. This Franchise Agreement shall be deemed to be executed in the
State of Illinois, and shall be governed in all respects, including validity, interpretation and
effect, and construed in accordance with, the laws of the State of Illinois and/or Federal law, as
applicable.
10.6. Venue. Except as to any matter within the jurisdiction of the federal courts or the
FCC, all judicial actions relating to any interpretation, enforcement, dispute resolution or any
other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois,
[insert name of your county] County, Illinois. Any matter brought pursuant to the jurisdiction of
the federal court shall be brought in the United States District Court of the Northern District of
Illinois.
10.7. Modification. Except as provided in Sections 5.1.1 and 5.1.2, no provision of this
Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an
instrument, in writing, duly executed by the City/County/Village and the Grantee, which
amendment shall be authorized on behalf of the City/County/Village through the adoption of an
appropriate ordinance or resolution by the City/County/Village, as required by applicable law.
10.8. No Third-Party Beneficiaries. Nothing in this Franchise Agreement is intended to
confer third-party beneficiary status on any person, individual, corporation or member of the
public to enforce the terms of this Franchise Agreement.
10.9. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as
a waiver of any rights, substantive or procedural, Grantee may have under Federal or state law
unless such waiver is expressly stated herein.
10.10. Validity of Franchise Agreement. The parties acknowledge and agree in good
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