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DRAFT November 11, 2004 n <br />Section 19. Severability <br />If any Section, subsection, sentence, clause, phrase, or <br />other portion of this Franchise is, for any reason, <br />declared invalid, in whole or in part, by any court, <br />agency, commission, legislative body, or other authority of <br />competent jurisdiction, such portion shall be deemed a <br />separate, distinct and independent portion. Such <br />declaration shall not affect the validity of the remaining <br />portions hereof, which other portions shall continue in <br />full force and effect. <br />Section 20. Reservation of Rights <br />Notwithstanding any other provision of the Franchise, <br />Grantor and Grantee reserve all rights that they may <br />possess under the Law unless expressly waived herein. <br />Nothing herein shall constitute a waiver of rights of <br />either party, provided, however, that both parties warrant <br />and represent that, as of the effective date of the <br />Franchise, they are not aware of any provision in the <br />Franchise that is contrary to applicable Law. <br />Section 21. Penalties and Remedies. <br />(a) A violation of any provision of the Orange County <br />Franchise Ordinance or other failure of the Grantee to <br />abide by any provision of this Franchise shall subject <br />the Grantee to a civil penalty of five hundred ($500) <br />dollars. If Grantee fails to pay this penalty within <br />ten (10) days after being cited for a violation, the <br />Grantor may seek to recover the penalty by filing a <br />civil action in the nature of the debt. <br />(b) A violation of the Franchise by the Grantee shall <br />constitute a misdemeanor, punishable as provided in <br />N,C. Gen. Stat. ~ 14-4. <br />(c) The Grantor may seek to enforce the Orange County <br />Franchise Ordinance or the Franchise through any <br />appropriate equitable action. <br />20 <br />