12. Miscellaneous provisions.


12.1. 
Force majeure. The grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the cable system, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee's ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the grantee's cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary.
12.2. 
Notice. All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows:
To the franchising authority:
Village of Stevensville
Manager
5768 St Joseph Avenue
Stevensville, MI 49127
To the grantee:
Comcast of Indiana/Michigan/Pennsylvania, LLC
7720 West 98th St. Hickory Hills, IL 60457
Attn: Government Affairs
with a copy to:
Comcast Cable Communications, Inc.
1500 Market Street
Philadelphia, PA 19102
Attn.: Government Affairs Department
12.3. 
Entire agreement. This franchise agreement, including all exhibits, embodies the entire understanding and agreement of the franchising authority and the grantee with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral. All ordinances or parts of ordinances that are in conflict with or otherwise impose obligations different from the provisions of this franchise agreement are superseded by this franchise agreement.
12.4. 
Severability. If any section, subsection, sentence, clause, phrase, or other portion of this franchise agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect.
12.5. 
Governing law. This franchise agreement shall be deemed to be executed in the State of Michigan, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Michigan, as applicable to contracts entered into and performed entirely within the state.
12.6. 
Modification. No provision of this franchise agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the franchising authority and the grantee, which amendment shall be authorized on behalf of the franchising authority through the adoption of an appropriate resolution or order by the franchising authority, as required by applicable law.
12.7. 
No third-party beneficiaries. Nothing in this franchise agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of this franchise agreement.
12.8. 
No waiver of rights. Nothing in this franchise agreement shall be construed as a waiver of any rights, substantive or procedural, grantee may have under federal or state law unless such waiver is expressly stated herein.
Dated: October 26, 2005