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<br />e <br /> <br />e <br /> <br />within five (5) business days of the date upon which the Grantee learns of its occurrence, and <br /> <br /> <br />describe all actions the Grantee has undertaken to mitigate such Force Majeure. <br /> <br />Section 29. ASSIGNMENT OF FRANCHISE. <br /> <br /> <br />1. Prohibition. The rights, privileges, and franchise granted hereunder may not be <br /> <br /> <br />assigned, in whole or in part, without the prior consent of City expressed by resolution or <br /> <br /> <br />ordinance, and then only under such conditions as may therein be lawfully prescribed. No <br /> <br /> <br />assignment in law or otherwise shall be effective until the assignee has filed with the Director an <br /> <br /> <br />instrument, duly executed, reciting the fact of such assignment, accepting the terms of this <br /> <br /> <br />Franchise, and agreeing to comply with all of the applicable provisions hereof. A mortgage or <br /> <br /> <br />other pledge of assets in a bona fide lending transaction shall not be considered an assignment. <br /> <br /> <br />2. Process. Upon receipt of such request from Grantee, the Director shall diligently <br /> <br /> <br />investigate the request in a timely manner and place the request on the City Council agenda at the <br /> <br /> <br />earliest practical time. The City Council shall proceed to act on the request within a reasonable <br /> <br /> <br />period of time. <br /> <br /> <br />3. Scope of Review. In reviewing a request for assignment, the City may inquire into <br /> <br /> <br />the legal, technical and financial qualifications of the prospective assignee, and Grantee shall assist <br /> <br /> <br />the City in so inquiring. The City may condition said assignment upon such terms and conditions <br /> <br /> <br />as it deems reasonably necessary, provided its approval and any such terms and conditions so <br /> <br />attached shall be related to the legal, technical, and financial qualifications of the prospective <br /> <br /> <br />assignee as well as Grantee's compliance with the terms of this Franchise. The City shall not <br /> <br /> <br />unreasonably withhold its approval. <br /> <br /> <br />4. Assignments not Requiring Approval. Notwithstanding anything to the contrary, <br /> <br /> <br />the prior approval of the City shall not be required for any assignment to an entity controlling, <br /> <br />28 <br />