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<br />together with the right to enter upon the streets, alleys, avenues, easements, and other public <br /> <br />ways, places, and grounds of said City for the purpose of removing and repairing said works, <br /> <br />pipes, pipelines, and all necessary apparatus, machinery, structure or structures, and <br /> <br />appurtenances as more specifically provided herein below. <br /> <br />SECTION 3: <br /> <br />ASSIGNMENT <br /> <br />No sale, assignment, or transfer of the rights granted hereby except to an affiliate of <br /> <br />Grantee shall be effective unless the Grantee shall have filed written notice thereof with the City <br /> <br />Clerk at least sixty (60) days prior to the scheduled date of such sale, assignment, or transfer, and <br /> <br />unless, subsequent to the filing of such notice, the Commission shall have by Ordinance <br /> <br />approved and consented to such sale, assignment, or transfer, such approval and consent not to be <br /> <br />unreasonably withheld; provided, however, that any sale, assignment, or transfer decreed by a <br /> <br />court of competent jurisdiction in any receivership or bankruptcy proceedings shall not be <br /> <br />governed by the provisions ofthis Section. <br /> <br />SECTION 4: <br /> <br />USE OF STREETS <br /> <br />The said pipelines, pipes, apparatus, structures, and appurtenances shall be erected, <br /> <br />placed, or laid in such manner as will, consistent with necessity, least interfere with other public <br /> <br />uses of said streets, alleys, avenues, easements, and public grounds, and said streets shall not be <br /> <br />unnecessarily obstructed, and before the Grantee makes any excavation or disturbs the surface of <br /> <br />any of the streets, alleys, or other public places, it shall make application, including a vehicular <br /> <br />traffic maintenance plan, for a permit to the appropriate City Authority and shall, with due <br /> <br />diligence and dispatch, place such streets or public places in as good condition and repair as <br /> <br />before such excavation or disturbance was made, and in default thereof the City may make such <br /> <br />repairs and charge the cost thereof to the Grantee and collect the same from it. <br /> <br />2 4/14/98 <br />