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3. RIGHTS RESERVED TO THE GRANTOR 3.1. Reservation. Grantor reserves every right it may have in relation to its power of eminent domain over Grantee's franchise and property. 3.2. Delegation of Powers. (a) Except as provided below in paragraphs (b) and (c), any right or power in, or duty retained by or imposed upon Grantor, or any officer, employee, department, commission, or board of Grantor, may be delegated by Grantor to any officer or employee on its behalf. (b) The authority delegated by the Grantor to an officer or employee will be subject to the following limitations: The Grantor's City Council must approve any proposed transfer or change of control ofthe Grantee's cable television system, as well as any proposed amendment to this Agreement that is deemed by the Grantor's City Manager, or the City Manager's designee, to affect the contractual relationship of the parties in a substantial or significant manner. Proposed amendments to this Agreement that are deemed not to involve substantial or significant modifications to that contractual relationship may be approved pursuant to delegated authority. (c) The proposed imposition ofremedies, such as liquidated damages or monetary penalties, that do not involve termination, revocation, or forfeiture of the franchise may, at Grantor's option, be determined by the City Manager or by another officer, employee, or agency of the Grantor to which the City Council may delegate these administrative decisions, subject to due process and the criteria contained in Section 11, and subject to the Grantee's right to appeal to the City Council in accordance with the procedures specified in Chapter 3 of the Santa Ana Municipal Code. 3.3. Right to Inspect Construction. The Grantor has the right to inspect all construction, installation, or other work performed by Grantee in connection with the franchise, and to make such tests as may be reasonably necessary to ensure compliance with the terms of this Agreement. 3.4. Right to Require Removal of Proper tv. Consistent with applicable law, at the expiration of the term for which the franchise renewal is granted, or upon its lawful revocation, expiration, or termination, the Grantor has the right to require the Grantee to remove, within a reasonable period of time that will not be less than] 80 days, and at Grantee's expense, all portions of its system and any other property from all streets and public rights-of-way within the franchise service area, and to restore those streets and public rights-of-way to a condition that is reasonably satisfactory to the Public Works Director. Upon Grantee's failure to do so following notice from Grantor and a reasonable opportunity to cure, the Grantor may perform the work and collect all reasonable and actual costs from the Grantee. At Grantor's discretion, the cost of that work may be placed as a lien upon all 12097-0002\6R0672v 19.doc -]2- City of Santa Ana EXECUTION COPY 4/07/0,