Limit on grantee's recourse

(a)

Except as expressly provided in this chapter and the franchise, the grantee shall have no recourse against the city for any loss, expense or damage resulting from the terms and conditions of this chapter or the franchise because of the city's enforcement thereof nor for the city's failure to have the authority to grant the franchise. The grantee expressly agrees that upon its acceptance of the franchise it does so relying upon its own investigation and understanding of the power and authority of the city to grant the franchise.

(b)

The grantee, by accepting the franchise, acknowledges that it has not been induced to accept same by any promise, verbal or written, by or on behalf of the city or by any third person regarding any term or condition of this chapter or the franchise not expressed therein. The grantee further pledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt of the cable television franchise.

(c)

The grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions of this chapter and the franchise and accepts without reservation the obligations imposed by the terms and conditions herein.

(d)

The decision of the mayor, as authorized by the council, concerning grantee selection and awarding of the franchise, shall be final.

(e)

The grantee shall not apply for any waivers, exceptions or declaratory rulings from the Federal Communications Commission or any other federal or state regulatory agency without prior written notice to the city.

(Code 1971, § 52-91; Ord. No. 7864-A, § 1(Art. VII, § 1), 1-28-82)