§ 26-28. Grantee to have no recourse.

(a)

Except as expressly provided in the franchise, a grantee under this chapter shall have no recourse whatsoever against the city for any loss, cost or expenses or damage arising out of the provisions or requirements of the franchise or because of the enforcement thereof by the city, nor for the failure of the city to have the authority to grant all or any part of the franchise.

(b)

A grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the city to grant the franchise.

(c)

A grantee by acceptance of the franchise acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement whether verbal or written by or on behalf of the city or by any other third person concerning any term or condition of the franchise not expressed herein.

(d)

A grantee further acknowledges by acceptance of the franchise that it has carefully read the terms and conditions hereof and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against a grantee and in favor of the city.

(Code 1976, § 8-30)