(1) Neither the City nor PacifiCorp will take any action for the purpose of securing modification of this franchise before either the Oregon Public Utility Commission or any court of competent jurisdiction; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve difference in interpretation of the franchise nor shall PacifiCorp be precluded from seeking relief from the courts in the event Oregon Public Utility Commission orders, rules or regulations conflict with or make performance under the franchise illegal.

(2) In the event PacifiCorp or the City fails to fulfill any of their respective obligations under this franchise, the City, or PacifiCorp, 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. (Ord. 127 § 17, passed 5-9-2017)