(1) The City is vested with the power and authority to reasonably regulate, and manage, its rights-of-way in a competitively neutral and nondiscriminatory manner, and in the public interest. Franchisee shall not be relieved of its obligations to comply with any provision of this franchise by reason of the failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect.

(2) No provision of this franchise will be deemed waived unless such waiver is in writing and signed by the party waiving its rights. However, if franchisee gives written notice of a failure or inability to cure or comply with a provision of this franchise, and the City fails to object within a reasonable time after receipt of such notice, such provision shall be deemed waived. (Ord. 139 § 22, passed 11-13-2018)