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Franchisee ' s company. The word "control" as used <br /> herein is not limited to majority stock ownership but <br /> includes actual working control in whatever manner <br /> exercised. Every change, transfer or acquisition of <br /> control of the Franchisee ' s company shall make the <br /> Franchise subject to cancellation unless and until <br /> the City shall have consented thereto. The Franchisee <br /> shall reimburse the City for reasonable costs associated <br /> with its review of the change of control. <br /> (c ) Nonwaiver. The consent or approval of the City <br /> to any assignment, lease , transfer, sublease, or <br /> mortgage of any Franchise granted to a Franchisee <br /> shall not constitute a waiver or release of the rights <br /> of the City in and to the streets. No rule of estoppel <br /> shall ever be invoked against the City in case it shall <br /> assert the invalidity of any attempted transfer in <br /> violation of this Ordinance. <br /> (d) Judicial Sale. Upon the commencement of a foreclo- <br /> sure action or other actions which could possibly <br /> result in a judicial sale of all or a substantial part <br /> of the Cable Communications System, the Franchisee shall <br /> notify the City of such fact. Such notification shall <br /> be treated as a notification that a change in control <br /> of the Franchise may take place, and the provisions of <br /> this Ordinance governing the consent of the City to <br /> such change in control of the Franchisee shall apply. <br /> (e ) Written Instrument. Any transfer or assignment <br /> approved by the City shall be evidenced by a written <br /> instrument, a duly executed copy of which shall be <br /> filed in the Office of the City Attorney within ninety <br /> (90) days after the approval of the transfer or assign- <br /> ment by the City. By said instrument, the assignee <br /> shall agree to comply with all terms of this Ordinance <br /> and the assignor' s application. <br /> Section 40. Inconsistent Federal Provisions. <br /> If any portion of this Ordinance should be inconsistent <br /> with any rule or regulation now or hereinafter adopted by <br /> the FCC or other federal legislation, then to the extent of <br /> the inconsistency, the rule or regulation of the FCC or <br /> other federal legislation shall control for so long, but <br /> only for so long, as such rule or regulation shall remain in <br /> effect, and the remaining provisions of this Ordinance shall <br /> not thereby be affected. <br /> Section 41. Nondiscrimination. <br /> The Franchisee shall not as to rates, charges, service <br /> facilities, rules , regulations or in any other respect make <br /> or grant any preferences or advantage to any person nor subject <br /> any person to any prejudice or disadvantage, provided that <br /> nothing in this Franchise shall be deemed to prohibit discounts <br /> under Section 49 below, or the establishment of a graduated <br /> scale of charges and classified rate schedules to which any <br /> customer coming within such classification would be entitled, <br /> and provided further that connection and service charges may be <br /> waived or modified during promotional campaigns of Franchisee. <br /> Section 42. Equal Employment Opportunity. <br /> The Franchisee will comply with all provisions of <br /> Section 634 of the Act. <br /> Section 43. Building Moving. <br /> Whenever any person shall have obtained permission from <br /> ORDINANCE - 14 <br /> 5-21-85 <br />