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<br />F. The parties to the sale or transfer of only this Franchise,... <br />without the inclusion of the System in which at least substantial <br />construction has commenced, shall be required to establish to <br />the sole satisfaction of City that the sale or transfer of only <br />this Franchise is in the public interest. <br /> <br />( <br /> <br />G. <br /> <br />For purposes of this section, a fundamental corporate change <br />means any sale or transfer of the stock of a corporation which <br />results in a change of controlling interest or the sale or transfer <br />of all or a majority of a corporation's assets, merger (including <br />a parent and its subsidiary corporation), consolidation, or <br />creation of a subsidiary corporation. <br /> <br />H. The word "control", or the phrase "controlling interest", as used <br />herein is not limited to major stockholders, but includes actual <br />working control in whatever manner exercised. As a minimum, <br />"control", as used herein, means a legal or beneficial interest <br />(even though actual working control does not exist) of at least <br />five percent (5%). Every change, transfer, or acquisition of <br />control of Grantee shall make the Franchise subject to <br />cancellation unless and until City shall have consented in <br />writing thereto, which consent shall not be unreasonably <br />withheld. For the purpose of determining whether it shall <br />consent to such change, transfer, or acquisition of control, City <br />may inquire into the qualifications of the prospective <br />controlling party, and Grantee shall assist City in any such <br />inquiry and pay all costs incurred by City in so inquiring, <br />including City staff time at a value determined by City. <br /> <br />I. In the absence of extraordinary circumstances, City will not <br />approve any transfer or assignment of the Franchise prior to <br />substantial completion of construction of System, as determined <br />solely by City. <br /> <br />J. In no event shall a transfer or assignment of ownership or <br />control be approved without transferee becoming a signator to <br />this Franchise. <br /> <br />K. Any transferee shall be subordinate to any right, title, or <br />interest of City. <br /> <br />l <br /> <br />SECTION 2. REMOVAL AFTER TERMINATION OR REVOCATION <br /> <br />A. <br /> <br />At the expiration of the term for which this Franchise is <br />granted, or upon its revocation or termination, as provided for <br />herein, City shall have the right to require Grantee to remove, <br />at Grantee's expense, all or any portion of the System from all <br />streets, public or private property within City. In so removing <br />the System, Grantee shall refill and compact at its own expense <br />any excavation that shall be made by it and shall leave all <br />streets, public and private property in as good a condition as <br />that prevailing prior to Grantee's removal of the System, and <br /> <br />- 57 - <br />