Ordinance 3795-21 - Laserfiche WebLink

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