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11.4. Alternative Remedies <br /> No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain judicial <br /> relief from a violation of any provision of the Franchise or any rule, regulation, requirement or <br /> directive promulgated thereunder. Neither the existence of other remedies identified in this <br /> Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to <br /> recover monetary damages for such violations by Grantee, or to seek and obtain judicial <br /> enforcement of Grantee's obligations by means of specific performance, injunctive relief or <br /> mandate, or any other remedy at law or in equity. <br /> 11.5. Failure to Construct or Acquire <br /> This Franchise terminates without further action by the City, notice of default, or opportunity to <br /> cure, if Grantee fails to commence construction or acquire existing Facilities within ninety (90) <br /> days of the effective date of this Franchise as provided in section 3.3. <br /> 12. FRANCHISE TRANSFER <br /> A. The Franchise granted by the City and the Telecommunications System in the public rights of <br /> way of the City subject to the Franchise shall not be leased, assigned, or otherwise alienated <br /> without the express consent of the city by ordinance, and no dealing with the lessee or assignee <br /> on the part of the city to require the performance of any act or payment of any compensation by <br /> the lessee or assignee shall be deemed to operate as such consent. The Grantee shall promptly <br /> notify the City of any actual or proposed lease, assignment or other alienation of the Franchise and <br /> the Telecommunications System in the public rights of way of the City. The parties to the proposed <br /> lease, assignment or other alienation of the Franchise and the Telecommunications System in the <br /> public rights of way of the Franchise shall make a written request to the City for its approval of a <br /> sale or transfer and furnish all information required by law and the City. Nothing contained herein <br /> shall require the approval of the City for the provision of telecommunications services or service <br /> elements by Grantee to any customer of Grantee. <br /> B. The City shall act by ordinance on the request within one hundred twenty (120) days of the <br /> request, provided it has received all requested information. Subject to the foregoing, if the City <br /> fails to render a final decision on the request within one hundred twenty (120) days, such request <br /> shall be deemed granted unless the requesting party and the City agree to an extension of time. <br /> C. Within thirty (30) days of any lease, assignment or other alienation, if approved or deemed <br /> granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other <br /> duly notarized written instrument evidencing such lease, assignment or other alienation, certified <br /> and sworn to as correct by Grantee and the transferee, and the transferee shall file its written <br /> acceptance 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 <br /> operational qualifications of the prospective controlling party or transferee, and Grantee shall assist <br /> the City in so inquiring. The City may condition said lease, assignment or other alienation upon <br /> such terms and conditions as it deems reasonably appropriate, provided, however, any such terms <br /> 27 of 30 <br />