(A) The grantee agrees to abide
by all provisions of the franchise, and further agrees that it will not
at any future time set up against the government to claim that the provisions
of the franchise as currently written are unreasonable, arbitrary, or void.
Notwithstanding the above mentioned provision, in the event that the FCC
and/or any United States Supreme Court or Supreme Court of the Commonwealth
of Kentucky declares any paragraph, subparagraph, sentence, clause, or
phrase invalid, then such paragraph, subparagraph, sentence, clause, or
phrase may be re?negotiated by the grantee and the grantor.
(B) The grantee shall have no recourse
whatsoever against the government for any loss, cost, expense or damage
arising out of the provisions or requirements of this chapter or because
of the enforcement thereof by the government nor failure of the government
to have the authority to grant all or part of the franchise.
(C) The grantee expressly acknowledges that, upon accepting the franchise, it does so relying upon its own investigation and understanding of the power and authority of the government to grant the franchise.
(D) The grantee, by acceptance of this franchise, acknowledges that it has not been induced to enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the government or by any third person concerning any terms and conditions not expressed in this chapter.
(E) The grantee shall conduct the
work to be performed pursuant to this chapter as an independent contractor
and not as an agent of the government.
(Ord. 940.7A, passed - - )
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