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0') Claims Related to Prior Franchise: The Prior Franchise is superseded prospectively; provided, however, that the City shall retain any claim which it may have against the Franchisee as to any underpayment of Franchise Fees during the Prior Franchise. (k) Franchisee Bears Its Own Costs: Unless otherwise expressly provided in this Franchise Agreement, all acts that the Franchisee is required to perform under the Cable Ordinance, this Agreement or applicable law shall be performed at the Franchisee's own cost and expense, without reimbursement by the City. This Subsection, however, does not preclude the Franchisee of its rights to pass through franchise-related costs to Subscribers pursuant to applicable federal law. (I) No Waiver: .......... (1)- - The failure of the City on one or more occasions to exercise a right or ........ te::-.r_equ_lre_c~)rrt~.~li~or performauce:uuder -t!~_J-~a~¢~e _A_greeme[~tr~he ¢~a;ble ........ Ordinance or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the Franchisee, unless such right or such compliance or performance has been specifically waived in writing. (2) Waiver of a breach of this Agreement shall not be a waiver of any other breach, whether similar to or different from that waived. Neither the granting of the Franchise, nor any provision herein, nor any action by the City hereunder shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City, including without limitation the right of eminent domain. The parties agree that nothing herein shall create or expand the right of the City to exercise its power of eminent domain to acquire, purchase or own the Cable System. (m) No Recourse: The Franchisee shall have no recourse against the City for any loss, cost, expense, claim, liability or damage arising out of any action undertaken or not undertaken by Franchisee pursuant to the Franchise, this Franchise Agreement or the Cable Ordinance, whether or not such action or non-action was required by the Franchise, the Agreement or the Cable Ordinance, arising out of the enforcement or non-enforcement by the City of any provision or requirement of this Agreement or the Cable Ordinance, or otherwise arising out of the Franchise, the Agreement or the Cable Ordinance, except as otherwise expressly permitted by federal law or this Agreement. The Franchisee and Guarantor may have recourse against the City in the form of injunctive relief as permitted by federal law. 5