Ordinance 3795-21 - Laserfiche WebLink

the City for the costs incurred within thirty (30) days after receipt of an itemized list of the costs, or the City may recover the costs through the Assurance, as applicable,provided by Grantee. 11.4. Alternative Remedies No provision of this Franchise shall be deemed to bar the right of a Party to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of a Party to recover monetary damages, or to seek and obtain judicial enforcement by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. 11.5. Failure to Apply, Construct, or Acquire This Franchise terminates without further action by the City, notice of default, or opportunity to cure, if Grantee fails to submit a complete application for necessary permits, commence construction, or acquire existing Facilities within one hundred and eighty (180) days of the effective date of this Franchise as provided in Section 3.3. Upon written notice to the City prior to the expiration of this 180 day commencement period, Grantee may request an extension of this commencement period for up to an additional 180 days,which extension shall not be unreasonably withheld. 12. FRANCHISE TRANSFER A. The Franchise granted by the City and the Grantee's Telecommunications System in the public Right-of-Way of the City subject to the Franchise shall not be leased, assigned, or otherwise alienated without the express consent of the City by ordinance, and no dealing with the lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent. The Grantee shall promptly notify the City of any actual or proposed lease, assignment or other alienation of the Franchise and the Grantee's Telecommunications System in the public Right-of-Way of the City.The parties to the proposed lease, assignment or other alienation of the Franchise and the Telecommunications System in the public rights of way of the Franchise shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. Nothing contained herein shall require the approval of the City for the provision of Telecommunications Services, internet access, private line services or Telecommunications distribution services or service elements by Grantee to any customer of Grantee. B. The City shall act by ordinance on the request within one hundred twenty (120) days of the request,provided it has received all requested information. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120)days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. C. Within thirty (30) days after any lease, assignment or other alienation, if approved or deemed granted by the City,Grantee shall file with the City a copy of the deed,agreement,lease or other duly notarized written instrument evidencing such lease, assignment or other alienation, certified and {DPK2242501.DOCX;4/13113.000007/) Wireline Franchise 27 of 30