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<br />10.3 Continuity of Service. <br /> <br />10.3.1.1 Grantee may not abandon the System or any portion thereof without <br />having first given three (3) months written notice to the City. The <br />Grantee may not abandon the System or any portion thereof without <br />compensating the City for all costs incident to removal of the System <br />if required by 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 forfeiture 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 from all Rights-of-Way and public property within the City. <br /> <br />10.4.2 If 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 after written notice of the <br />City's demand for removal is given, or if the Grantee has failed to complete such <br />removal within twelve (12) months after written notice of the City's demand for <br />removal is given, the City shall have the right to apply funds secured by thll Letter <br />of Credit and Performance Bond toward removal and/or 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 for <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 fundamental 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 subsidiary and parent entity, consolidation or the <br />creation of a subsidiary or affiliate 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 Of deemed granted, provided, <br />however, that said approval shall not be required where Grantee grants a security <br />interest in its Franchise and/or assets to secure an indebtedness. Upon notice to <br />the City, Grantee may undertake legal changes necessary to consolidate the <br />corporate or partnership structures of its MinnesotalWisconsin Systems provided <br />there is no change in the controlling interests which could materially alter the <br />financial responsibilities for the Grantee. <br /> <br />10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's <br />parent corporation or any other entity having a controlling interest in Grantee, so <br />as to create a new controlling interest therein, shall be subject to the requirements <br />of this Section 10.5. The term "controlling interest" as used herein is not limited <br /> <br />53 <br />