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2007-09-26 CC Packet
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2007-09-26 CC Packet
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<br />DRAFT <br /> <br />10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless <br />the term thereof sooner expires or unless continuation of the Franchise would <br />endanger the health, safety and welfare of any Person or the public. <br /> <br />10.3 Continuitv of Service. <br /> <br />Grantee may not abandon the System or any portion thereof without having Jirst given <br />three (3) months' written no lice to the City. The Gnmtee may not abandon the System or <br />any portion thereof without compensating the City for all costs incident to removal of the <br />System if required l1Y the City pursuant to section 10.4. <br /> <br />10.4 Removal After Abandonment, Termination or Forfeiture. <br /> <br />10.4.1 In the event of termination or lorfeiture of the Franchise or abandonment of the <br />System, the City shall have the right to require the Grantee to remove all or any <br />portion of the System Ii'om all Rights-of~Way and public property within the City. <br />subject to any other lawful and valid authorizations the Grantee may have to use <br />the System or a portion thereofin the Public Rights-or-Way_ <br /> <br />10.4.2 1 I' the Grantee has failed to commence removal of the System, or such part thereof <br />as was designated by the City, within thirty (30) days alter written notice of the <br />City's demand for removal is given, or if the Grantee has lililed to eomplete such <br />removal within twelve (12) months aner written notice of the City's demand for <br />removal is given, the City shall have the right to apply funds secured by the Letter <br />of Credit and Performance Bond toward removal andlor declare all right, title and <br />interest to the System to be in the City with all rights of ownership including, but <br />not limited to, the right to operate the System or transfer the System to another jor <br />operation by it. <br /> <br />10.5. Sale or Transfer of Franchise. <br /> <br />10.5.1 No sale or transfer of the Franchise, or sale, transfer or lLlIldamental corporate <br />change of or in Grantee, including, but not limited to, a fundamental corporate <br />change in Grantee's parent corporation Or any entity having a controlling interest <br />in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, <br />including the merger of a subsidialY and parent entity, consolidation or the <br />creation of a subsidiary or anJliate entity, shall take place until a written request <br />has been filed with the City requesting approval of the sale, transfer or corporate <br />change and such approval has been granted or deemed granted, provided, <br />however, that said approval shall not be required whcre Grantee grants a security <br />interest in its Franchise andlor assets to secure an indebtedness. Approval of a <br /> <br />51 <br /> <br />p;; <br />
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