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M <br />W <br />11.4 Alternative Remedies. <br />No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain <br />judicial relief from a violation of any provision of the Franchise or any rule, regulation, <br />requirement or directive promulgated thereunder. Neither the existence of other remedies <br />identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the <br />right of the City to recover monetary damages for such violations by Grantee, or to seek and <br />obtain judicial enforcement of Grantee's obligations by means of specific performance, <br />injunctive relief or 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 one hundred <br />and eighty (18 0) days of the effective date of this Franchise as provided in Section 3.3. Upon <br />written notice to the City prior to the expiration of this 180 commencement period, Grantee may <br />request and extension of this commencement period for up to an additional 180 days, which <br />extension shall not be unreasonably withheld. <br />12. FRANCHISE TRANSFER <br />A. The Franchise granted by the City and the Telecommunications System in the public <br />rights of way of the City subject to the Franchise shall not be assigned or transferred without the <br />express consent of the city by ordinance, which consent shall not be unreasonably withheld, <br />conditioned or delayed, and no dealing with the assignee or transferee on the part of the City to <br />require the performance of any act or payment of any compensation by the assignee or transferee <br />shall be deemed to operate as such consent. The Grantee shall promptly notify the City of any <br />assignment or transfer of the Franchise and the Telecommunications System in the public rights <br />of way of the City. The parties to the proposed assignment or transfer of the Franchise and the <br />Telecommunications System in the public rights of way of the Franchise shall make a written <br />request to the City for its approval of a sale or transfer and furnish all information required by <br />law and the City. Notting contained herein shall require the approval of the City for the <br />provision of telecommunications services or service elements by Grantee to any customer of <br />Grantee. <br />B. The City shall act by ordinance on the request within one hundred twenty (120) days of <br />the request, provided it has received all requested information. Subject to the foregoing, if the <br />City fails to render a final decision on the request within one hundred twenty (120) days, such <br />request shall be deemed granted unless the requesting party and the City agree to an extension of <br />time. <br />C. Within thirty (3 0) days of any assignment or transfer, if approved or deemed granted by <br />the City, Grantee shall file with the City a copy of the deed, agreement, or other duly notarized <br />written instrument evidencing such assignment or transfer, certified and sworn, to as correct by <br />Grantee and the transferee, and the transferee shall file its written acceptance agreeing to be <br />bound by all of the provisions of this Franchise, subject to applicable lay. <br />27 of 30 <br />40 <br />