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12 <br />C. This Franchise authorizes the Grantee to provide Other Communications Services <br />within the Franchise service area subject to the receipt of appropriate licenses <br />from the FCC and/or the North Carolina Public Utility Commission. <br />Section 8. No- Waiver <br />A. The failure of the Grantor or the Grantee, upon one or more occasions, to exercise <br />a right or to require compliance or performance under this Franchise or any other <br />applicable law shall not be deemed to constitute a waiver of such right or a waiver <br />of compliance or performance, unless such right has been specifically waived in <br />writing. <br />B. Waiver of a particular breach of this Franchise shall not be construed as a waiver <br />of any other breach. Neither the grant of this Franchise nor any provision herein <br />shall constitute a waiver or bar to the exercise of any governmental right or power <br />of the Grantor. No provision of this Franchise shall operate as a waiver by the <br />Grantor or the Grantee of any right guaranteed by the federal or state constitutions <br />or other applicable law. <br />Section 9. Regulation <br />A. The Grantor shall be vested with the power and authority to reasonably regulate <br />the exercise of the privileges permitted by this Franchise in the public interest. <br />Any failure by the Grantor to promptly enforce compliance with this Franchise in <br />accordance with federal, state and local laws and ordinances shall not relieve the <br />Grantee of its obligation to comply with any provision of this Franchise. <br />B. The Grantee's rights, without limiting the Grantor's regulatory authority, pursuant <br />to the Communications Act of 1934, as amended, the U.S. Constitution, the <br />Constitution and laws of North Carolina, or any other subsequently adopted <br />federal or state law, shall not be abrogated or otherwise limited by the Grantor. <br />C. Following Reasonable Notice, the Grantor reserves the right to inspect the <br />installation and maintenance of the Cable System. <br />D. The Grantee shall comply with all current federal, state and local regulations, <br />applicable to its Cable System, such as the National Electrical Code, National <br />Electrical Safety Code, traffic safety /lane closure rules and construction <br />requirements promulgated by the Grantor. <br />Section 10. Public Right -of -Way Use Conditions <br />A. The Grantor reserves the right, upon Reasonable Notice, to require the Grantee at <br />its expense to protect, support, temporarily disconnect, relocate or remove from <br />the Public Right -of -Way any property of the Grantee by reason of traffic <br />conditions, public safety, street construction or excavation, change or <br />8/22/2003 <br />