34-12.1. Failure Not Waiver.The failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under a Franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.

34-12.2. Waivers Are Specific.Waiver of a breach of a franchise agreement or this Ordinance is not a waiver of any similar or different breach. Neither the granting of a Franchise nor any provision herein shall constitute a waiver or bar to the exercise of any governmental right or power of the City, including without limitation the right of eminent domain.