(1) The City may have sovereign or other immunities which might prevent or impair enforcement or enjoyment of the terms of this franchise. Without making a general waiver, limitation or modification of such sovereign or other immunity, the City hereby expressly grants, in favor of franchisee, a limited, nonassignable waiver of its immunities for claims arising under this franchise, it being the intent of the parties that the waivers herein provided shall result in the terms and conditions of this franchise being enforced in a competitively neutral manner.

(2) Venue for any proceeding brought to enforce any term or condition of this franchise shall be the local Circuit Court for the City in Linn County; provided, however, that should any proceeding be brought in a Federal forum, such proceeding shall be brought in the U.S. District Court of Oregon in Portland, Oregon, with the parties stipulating to trial in Portland, Oregon.

(3) Notwithstanding any applicable statute of limitations or other law, these limited waivers of sovereign immunity shall expire when all obligations under this franchise have been fully and completely performed, or the passage of 24 months from the termination of this franchise, whichever is later. (Ord. 139 § 16, passed 11-13-2018)