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SECTION 1402 ABANDONMENT OF FACILITIES OWNED BY THE <br />• COMPANY IN THE PUBLIC RIGHTS-OF-WAY <br />The telecommunications Facilities owned by the Company may be abandoned without <br />removal upon request by the Company and approval by the City. This Section survives <br />the expiration or 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 <br />discriminatorily conditioned, withheld or delayed. <br />In addition, the City agrees that nothing in this Ordinance shall be construed to require <br />Company to obtain approval from the City in order to lease any Facilities owned by the <br />Company or any portion thereof in, on, or above the PROW, or grant an indefeasible <br />right of use ("IRU") in the Facilities owned by the Company, or any portion thereof, to <br />any entity or person. The lease or grant of an IRU in such Facilities owned by the <br />Company, or any portion or combination thereof, shall not be construed as the <br />assignment or transfer of any franchise rights granted under this Ordinance. <br />SECTION 1502 SUCCESSORS AND ASSIGNS <br />Notwithstanding Section 1501, the Company may assign, transfer, or sublet its rights, <br />without the consent of the City, to any person or entity that controls, is controlled by or is <br />under common control with the Company, any company or entity with which or into <br />which the Company may merge or consolidate, to any lender of the Company provided <br />the City is advised of the action prior to enactment. Any successor(s) of the Company <br />shall be entitled to all rights and privileges of this franchise granted by this Ordinance <br />and shall be subject to all the provisions, obligations, stipulations and penalties herein <br />prescribed. <br />ARTICLE XVI <br />SECTION 1601 NONEXCLUSIVE FRANCHISE <br />Nothing in the franchise granted by this Ordinance shall be construed to mean that this is <br />an exclusive franchise, as the City Council reserves the right to grant additional <br />telecommunications franchises to other parties. <br />ARTICLE XVII <br />19 <br />