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operation of the System within thirty(30) days of assuming such control that will <br /> insure continued service and compliance with all Franchise requirements during <br /> the term the financial institution or its designee exercises control over the System. <br /> The financial institution or its designee shall not exercise control over the System <br /> for a period exceeding one(1)year unless extended by the Council in its <br /> discretion and during said period of time it shall have the right to petition the <br /> Council to transfer the Franchise to another Grantee. <br /> (f) In addition to the aforementioned requirements in this Section 9(1),the City and <br /> Grantee shall, at all times, comply with the requirements of Minnesota Statutes <br /> Section 238.083 regarding the sale or transfer of a franchise and with all other <br /> Applicable Laws. <br /> (2) City's Right to Purchase System. <br /> a. Consistent with Section 627 of the Cable Act and all other Applicable Laws, at <br /> the expiration, cancellation,revocation or termination of this Franchise,the City <br /> shall have the option to purchase, condemn or otherwise acquire and hold the <br /> Cable System. <br /> (3) Abandonment or Removal of Franchise Property. <br /> a. In the event that the use of any property of Grantee within the <br /> Franchise Area or a portion thereof is discontinued for a continuous period <br /> of twelve (12)months, Grantee shall be deemed to have abandoned that <br /> property. <br /> b. City, upon such terms as City may impose,may give Grantee written <br /> permission to abandon, without removing, any System facility or equipment <br /> laid, directly constructed, operated, or maintained in, on, under or over the <br /> Franchise Area. Unless such permission is granted or unless otherwise <br /> provided in this Franchise, the Grantee shall remove all abandoned facilities <br /> and equipment upon receipt of written notice from City and shall restore any <br /> affected Street to its former state at the time such facilities and equipment <br /> were installed, so as not to impair its usefulness. In removing its plant, <br /> structures and equipment, Grantee shall refill, at its own expense, any <br /> excavation made by or on behalf of Grantee and shall leave all Streets and <br /> other public ways and places in as good condition as that prevailing prior to <br /> such removal without materially interfering with any electrical or telephone <br /> cable or other utility wires,poles, or attachments. City shall have the right to <br /> inspect and approve the condition of the Streets, public ways,public places, <br /> cables,wires, attachments, and poles prior to and after removal. The liability, <br /> indemnity and insurance provisions of this Franchise and any performance <br /> bond provided for in this Franchise shall continue in full force and effect <br /> during the period of removal and until full compliance by Grantee with the <br /> terms and conditions of this section. <br /> 27 <br /> 232860v1 <br />