§ XVIII. MISCELLANEOUS PROVISIONS.
A.
Preemption—If the FCC, or any other federal or state body or agency shall now or hereafter exercise any paramount jurisdiction over the subject matter of the franchise, then to the extent such jurisdiction shall preempt and supersede or preclude the exercise of the like jurisdiction by the City, the jurisdiction of the City shall cease and no longer exist,
B.
Reservation by City—The City reserves the right to regulate the rates for, service and programming of the Company for cable service if any subsequent state or federal legislative act should confer such a right to the City, provided that such does not materially alter or interfere with the existing rights of the Company herein.
C.
Actions by City—In any action by the City or representative thereof, mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
D.
Notice—Unless expressly otherwise agreed between the parties, every notice or response to be served upon the City or Company shall be in writing, and shall be deemed to have been duly given to the required part five (5) working days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a Post Office or branch thereof regularly maintained by the U. S. Postal Service.
The notices or responses to the City shall be addressed as follows:
City Manager
City of Hobbs
300 North Turner
Hobbs, New Mexico 88240The notices or responses to the Company shall be addressed as follows:
US Cable of Costal-Texas, L.P.
Attention: Legal Department
611 West Avenue A
Seminole, Texas 79360The City and the Company may designate such other address or addresses from time to time by giving notice to the other.
E.
Description Heading—The captions to section contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein.
F.
Severability—If any section, sentence, paragraph, term or provision hereof is determined to be illegal, invalid or unconstitutional, by any court of common jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the franchise or any renewal or renewals thereof.