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2002_Ordinances
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2002_Ordinances
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SECTION 1402 ABANDONMENT OF FACILITIES OWNED BY THE <br />l� COMPANY IN THE PUBLIC RIGHTS-OF-WAY <br />The telecommunications Facilities owned by the Company may be abandoned without removal <br />upon request by the Company and approval by the City. This Section survives the expiration or <br />termination of this franchise granted by this Ordinance. <br />ARTICLE XV <br />SECTION 1501 PRIOR WRITTEN CONSENT FOR ASSIGNMENT <br />The franchise granted by this Ordinance shall not be assigned or transferred without the <br />expressed written approval of the City, which shall not be unreasonably or discriminatorily <br />conditioned, withheld or delayed. <br />In addition, the City agrees that nothing in this Ordinance shall be construed to require Company <br />to obtain approval from the City in order to lease any Facilities owned by the Company or any <br />portion thereof in, on, or above the PROW, or grant an indefeasible right of use ("IRU") in the <br />Facilities owned by the Company, or any portion thereof, to any entity or person. The lease or <br />grant of an IRU in such Facilities owned by the Company, or any portion or combination thereof, <br />shall not be construed as the assignment or transfer of any franchise rights granted under this <br />• Ordinance. <br />• <br />SECTION 1502 SUCCESSORS AND ASSIGNS <br />Notwithstanding Section 1501, the Company may assign, transfer, or sublet its rights, without <br />the consent of the City, to any person or entity that controls, is controlled by or is under common <br />control with the Company, any company or entity with which or into which the Company may <br />merge or consolidate, to any lender of the Company provided the City is advised of the action <br />prior to enactment. Any successor(s) of the Company shall be entitled to all rights and privileges <br />of this franchise granted by this Ordinance and shall be subject to all the provisions, obligations, <br />stipulations and penalties herein prescribed. <br />Page 18 <br />
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