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telecommunications providers on a competitively neutral and nondiscriminatory basis, then - <br /> Grantee shall within sixty (60) days after request by the City, pay the fees required by such <br /> ordinance so long as such fees are explicitly and publicly disclosed by the City and are allowable <br /> under federal and State law. Any provision of such Ordinance which may conflict with or violate <br /> the Law shall be invalid and unenforceable even if such ruling, interpretation or regulation is <br /> enacted subsequent to the execution of the Agreement, it being the intention of both the City and <br /> Grantee to preserve any rights or remedies at law; however, the execution of this Agreement is <br /> not a waiver of any rights or obligations under the Law. <br /> Section 14. No Waiver. <br /> A. The failure of either party on one or more occasions to exercise a right or to <br /> require compliance or performance under this Agreement, or any other applicable law, shall not <br /> be deemed to constitute a waiver of such right or a waiver of compliance or performance by such <br /> party, unless such right or such compliance or performance has been specifically waived in <br /> writing. <br /> B. Both the City and the Grantee expressly reserve all rights they may have <br /> under law to the maximum extent possible; neither the City nor the Grantee shall be deemed to <br /> have waived any rights they may now have or may acquire in the future by entering into this <br /> Agreement. <br /> Section 1 S. When Effective. This Agreement shell be in full force and effect upon <br /> execution by the parties hereto, for the term specified in Section 2. <br /> 142606_1.DOC <br />