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party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to <br /> any cause of action in any person not a party hereto. <br /> 11.3. Assigmnent. The Company may assign this Franchise without the prior approval of, <br /> but upon not less than thirty (30) days' prior Notice to, the City. Such Notice shall include the identity <br /> of and contact information for, the assignee and the statement of the assignee's plans and intentions for <br /> the operation of the Electric Facilities under this Franchise. <br /> SECTION 12. ACCEPTANCE BY THE COMPANY. <br /> 12.1. Acceptance by the Company. The Company shall, within thirty (30) days after <br /> adoption of this Ordinance or any amendment thereto, file with the City Clerk in writing its acceptance <br /> or rejection as provided in Section 12.2. If such acceptance is not filed or if a rejection is filed within <br /> said period, the Company,by its continuing operations, shall be deemed to have accepted the terms and <br /> conditions of this Franchise or any amendment hereto, except with respect to such particulars as it may <br /> successfully challenge under the procedures specified in Section 12.2. <br /> 12.2. Rejection Procedures. A rejection of this Franchise or any amendment hereto may <br /> be made by the Company only upon the grounds that the terms and conditions hereof or of such <br /> amendment exceed the lawful authority of the City under the Constitutions or Laws of the United <br /> States or the State of Minnesota or are otherwise unlawful. Any rejection shall be submitted in writing <br /> to the City, stating with particularity the points and authorities of law upon which the Company relies. <br /> If the City fails to amend this Franchise or otherwise satisfy the Company's objections as stated within <br /> thirty (30) days of its receipt of the Company's rejection, the Company shall have the right thereafter to <br /> seek appropriate judicial or administrative relief based solely upon those provisions it has alleged are <br /> unlawful in its rejection notice. If the Company fails to initiate such legal action within thirty (30) days <br /> from the expiration of the aforementioned thirty (30) day period provided for the City's amendment or <br /> cure, the Company shall be deemed to have waived its objections and to have accepted the terms of this <br /> Franchise or any amendment hereto. <br /> 7 <br />