Article XIII — Miscellaneous Provisions

Notwithstanding any other provisions of the franchise to the contrary, the grantee shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof. Provided, however, if any such state or federal law or regulation shall require the grantee to perform any service, or shall permit the grantee to perform any service, or shall prohibit the grantee from performing any service, in conflict with the terms of the franchise or any law or regulation of the grantor, then as soon as possible following knowledge thereof, the grantee shall notify the grantor of the point of conflict believed to exist between such regulation or law and the laws or regulations of the grantor or the franchise.

(Prior gen. code § 2-129.0)

If any provision of this chapter or any related agreements is held by any court or by any federal, state, or local agency of competent jurisdiction to be invalid as conflicting with any federal, state or local law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, and if said provision is considered nonmaterial by the grantor, said provisions shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof.

In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof or thereof which has been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provisions shall thereupon return to full force

and effect, and shall thereafter be binding on the parties hereto, provided that the grantor shall give the grantee thirty (30) days' written notice of such change before requiring compliance with said provisions.

(Prior gen. code § 2-129.1)

If any material section of this chapter is held to be invalid or preempted by federal, state or county regulations or laws, resulting in a material adverse consequence to either party, the grantor and grantee shall attempt to negotiate appropriate modifications to the franchise to provide reasonable relief to the grantor or grantee from such invalidity or preemption. If the parties are unable to reach agreement on such modifications, then the dispute shall be submitted to a mutually agreeable arbitrator, in accordance with state law, who shall determine what modifications are appropriate. The arbitrator's decision shall be binding on the parties, provided, that no decision of the arbitrator shall require the grantor or grantee to be in violation of any federal or state law or regulation.

(Prior gen. code § 2-129.2)

Grantee shall maintain throughout the term of the franchise, a local address for service of notices by mail.

(Prior gen. code § 2-129.3)

The captions to sections throughout this chapter are intended solely to facilitate reading and reference. Such captions shall not affect the meaning or interpretation of this chapter.

(Prior gen. code § 2-129.4)

The grantee shall have no recourse whatsoever against the grantor or its officials, boards, commissions, agents, or employees for any loss, costs, expenses, or damage arising out of any provision or requirement of the franchise or because of the enforcement of the franchise.

(Prior gen. code § 2-129.5)

The grantee shall not be relieved of its obligation to comply with any of the provisions of this chapter by reason of any failure of the grantor to enforce prompt compliance.

(Prior gen. code § 2-129.6)