Los Gatos Municipal Code Art. X Rights Reserved to the Grantor

The grantor may in any lawful manner and upon the payment of a fair valuation lawfully ascertained, purchase, condemn, acquire, take over and hold the property and plant of grantee (but only all of same and not a part or parts of same). If such purchase or taking be upon the revocation of the franchise, or at the expiration of the term of the franchise without renewal, or upon transfer of the franchise in violation of section 7.20.030, such valuation shall be limited to the fair market value of the system but shall not include any sum for the value of the franchise or grant thereof.

(Code 1968, § 9.110.010)

The grantor shall have the right of intervention in any suit or proceeding to which the grantee is party, and the grantee shall not oppose such intervention by the grantor.

(Code 1968, § 9.110.015)

Grantor shall be granted a right of first refusal, whereby it may elect to purchase the cable communications system, upon the same terms and conditions as contained in any bona fide purchase offer by a third party to grantee which grantee intends to accept. Grantor must purchase all portions of the system so offered to be purchased. Grantee shall notify grantor, within ten (10) days, in writing, of any such bona fide offer made by any third party. Thereupon grantor shall have forty-five (45) days in which to notify grantee of its intention to exercise such right of first refusal. The right of first refusal so exercised by grantor shall be upon the same terms and conditions as the third party offer. Upon failure of grantor to notify grantee of the exercise of the right herein provided, grantee shall be free to consummate a sale to such third party. Notwithstanding anything contained in this section, should grantor exercise the right herein provided, grantor shall not be permitted, either prior or subsequent thereto, to impose any conditions upon the transfer of the franchise as might otherwise be permitted by section 7.20.030. If there is a transfer within the scope of section 7.20.030(c), the grantor shall have no right of first refusal.

(Code 1968, § 9.110.020)