(a) City'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 City, which consent 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 City with written notice of such assignment and shall provide the City with relevant information about the assignee's qualifications. Further, the permittee agrees not to assign any billing or collection functions under this Permit to a subsidiary or parent without prior written notice to and written consent from the City, which consent shall not be unreasonably withheld. Should the permittee attempt to assign this Permit or its rights hereunder without the prior consent of the City, this Permit shall be subject to forfeiture or termination as provided herein, unless such assignment is ratified by the City 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 City 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 City that the proposed assignee cure any existing default of the permittee hereunder and/or to any demonstration of the assignee's qualifications 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 or other entities providing telecommunications and/or other utility services, without first ensuring that such persons have obtained a revocable permit and other required permits or franchises from the City for the provision of such services, and without the prior written consent of the City.
(Ord. 97-54. Passed 7-7-97.)