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A. If this Franchise expires without renewal the City may allow Grantee to opeate its <br /> Telecommunications System on a month-to-month basis, during which the terms of this Franchise <br /> would remain in full force and effect. <br /> B. <br /> C. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the <br /> City may order the removal of the above-ground Telecommunication Facilities and such <br /> underground Facilities from the City at Grantee's sole expense within a reasonable period of time as <br /> determined by the City. In removing its Facilities, plant, structures and equipment, Grantee shall <br /> backfill at its own expense any excavation made by it and shall restore all Rights-of-Way, public <br /> places and private property to the same condition as that prevailing prior to Grantee's removal of its <br /> equipment without affecting the electrical or telephone wires or attachments. The indemnification <br /> and insurance provisions and the irrevocable letter of credit or performance bond, as applicable, <br /> shall remain in full force and effect during the period of removal, and Grantee shall not be entitled <br /> to, and agrees not to request, compensation of any sort therefor. <br /> D. If Grantee fails to complete any removal required by this subsection to the City's satisfaction, <br /> after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse <br /> the City for the costs incurred within thirty(30) days after receipt of an itemized list of the costs, or <br /> the City may recover the costs through the irrevocable letter of credit or performance bond, as <br /> applicable, provided by Grantee. <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 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 submit a complete application for necessary permits, commence <br /> construction, or acquire existing Facilities within one hundred and eighty (180) days of the <br /> effective date of this Franchise as provided in Section 3.3. Upon written notice to the City prior <br /> to the expiration of this 180 commencement period, Grantee may request an extension of this <br /> commencement period for up to an additional 180 days, which extension shall not be <br /> unreasonably withheld. <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 /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 29 of 33 <br />