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• <br />• <br />negligence of the City, its elected officials, its employees, <br />officers, agents or inhabitants. <br />Section 9: Assignment. <br />Except as otherwise provided in Section 5.3 of this <br />Ordinance, this franchise, and the rights and privileges granted <br />pursuant to it, may not be assigned by Grantee without the prior <br />written consent of the City. Consent by the City shall not be <br />unreasonably withheld. The assignee of such rights, including <br />any assignee pursuant to Section 5.3, by accepting the <br />assignment, shall be deemed to have accepted the terms of this <br />franchise, and shall be subject to all the terms and conditions <br />of this franchise. Section 10: Default. <br />If the Grantee is in default in the performance of any <br />material part of this franchise for more than 90 days after <br />receiving written notice from the City of such default, the <br />Council may, by ordinance, terminate all rights granted to the <br />Grantee pursuant to this franchise. A notice of default must <br />specify the provision of this franchise under which the default <br />is claimed and state the bases therefor. Such notice shall be <br />served on the Grantee by personally delivering it to the city <br />administrator of the Grantee. The reasonableness of any <br />ordinance declaring a termination of the rights and privileges <br />granted by this franchise shall be subject to judicial review by <br />a court of competent jurisdiction. The right of termination on <br />default is the City's sole remedy. <br />