Laserfiche WebLink
sworn to as correct by Grantee and the transferee, and the transferee shall file its written acceptance <br />agreeing to be bound by all of the provisions of this Franchise, subject to applicable law. <br />D. In reviewing a request for sale or transfer, the City may inquire into the financial and operational <br />qualifications of the prospective controlling party or transferee and Grantee shall assist the City in so <br />inquiring. The City may condition said lease, assignment or other alienation upon such terms and <br />conditions as it deems reasonably appropriate, provided, however, any such teinis and conditions so <br />attached shall be related to the financial and operational qualifications of the prospective controlling <br />party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with <br />the tetras and conditions of this Franchise by Grantee. Additionally and where necessary, the FCC <br />must certify the prospective transferee or assignee as a Telecommunications System Operator prior <br />to the effectiveness of any transfer or assignment <br />E Notwithstanding anything to the contrary in this subsection the prior approval of the City shall <br />not be required for any sale, assignment or transfer of the Franchise or Telecommunications System <br />to an entity controlling, controlled by or under the same common control as Grantee, provided that <br />such proposed successor shall have commercially reasonable financial qualifications m light of its <br />obligations under this Franchise, assignment, or transfer, whichever financial qualifications are <br />greater The proposed assignee or transferee must agree in a duly notarized writing to comply with all <br />of the provisions of the Franchise. Further, Grantee may pledge the assets of the Telecommunications <br />System for the purpose of financing without the consent of the City; provided that such pledge of <br />assets shall not impair or mitigate Grantee's responsibilities and capabilities to meet all of its <br />obligations under the provisions of this Franchise. <br />F. Grantee may sell or issue securities to its employees, or to the public, or in a private placement to <br />private investors, m accordance with applicable law, without the consent of the City, provided, <br />however, that such sale or issuance of securities is not likely to adversely affect the ability of Grantee <br />to perform all of its obligations under the Franchise. <br />13. MISCELLANEOUS PROVISIONS <br />13.1. Notices <br />Throughout the term of the Franchise, each party shall maintain and file with the other an address for <br />the service of notices by mail All notices shall be sent postage prepaid to such respective address and <br />such notices shall be effective on the date of mailing. The City or the Grantee may change these <br />addresses by written notice at any time. At the Fffective Date of this Franchise: <br />Grantee's address shall be: <br />Level 3 Communications, LLC <br />Attn: National Infrastructure Srevices - Director <br />1025 Eldorado Blvd, ROW <br />Broomfield, CO 80021 <br />With Copies to: <br />{DPK2242501.DOCX;4/13113.000007/ } <br />Wireline Franchise <br />28 of 30 <br />