933.10 ASSIGNMENT OF PERMIT AND LEASE OF FACILITIES.

   (a)   Municipality’s Consent Required for Assignment. The Permittee shall not assign this Permit or any rights or obligations accorded the Permittee hereunder to any party, other than to a subsidiary, or parent of the Permittee upon corporate reorganization, or an affiliated entity without the prior written consent of the Municipality which shall not be unreasonably withheld. However, in the event the Permittee assigns this permit to a subsidiary, parent or affiliated entity, the Permittee shall provide the Municipality with written notice of such assignment and shall provide the Municipality with relevant information about the assignee’s qualifications. Should the Permittee attempt to assign this Permit or its rights hereunder without the prior consent of the Municipality, this Permit shall be subject to revocation as provided herein, unless such assignment is ratified by the Municipality and Permittee compensates the Municipality for any and all costs incurred, including attorney fees, resulting from any such attempt to assign this Permit, in whole or part. A refusal by the Municipality to approve an assignment of this Permit or the Permittee’s rights hereunder shall be deemed reasonable, among other things, and without limitation, if and insofar as it relates to any requirement or condition of the Municipality that the proposed assignee cure any existing default of the Permittee hereunder and/or to any demonstration of the assignee’s qualifications being equivalent to demonstrations of the Permittee’s qualifications required hereunder, including but not limited to, the technical and financial strength and operating experience of the assignee.

   (b)   Lessee to Obtain Permit. The Permittee shall not lease any of its telecommunications and/or other utilities facilities, system capacity system bandwidth or use of the streets, and rights-of-way in which such are contained to unaffiliated persons providing telecommunications and/or other utility services, without first requiring that such persons have obtained a revocable permit, and other required permits or franchises, if applicable, from the Municipality for the provision of such services, and without the prior written consent of the Municipality.

(Ord. 22-2000. Passed 5-8-01.)