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optic capacity, video services, telecommunication services or any other services other than the provision of services, or providing any other use to existing . or potential Customers, Franchisee shall seek additional- and separate permission from the County for such activities. The Franchisee shall not sell, assign, lease or otherwise alienate and transfer this Franchise without the prior consent of the County, provided that such consent shall be granted or withheld in accordance with Chapter 59= 1380, Section 4(g), of the Laws of Florida. To the extent that applicable law requires a public hearing before such consent may be given, the County shall hold a public hearing in compliance with applicable law. Notwithstanding the foregoing, Franchisee shall have the right, without obtaining the County' s consent, to transfer or assign this Franchise as a result of a total or complete merger or consolidation of Franchisee with a third party, or sale of the Franchisee ' s Natural Gas division assets. Any sale, assignment, lease or other alienation and transfer of this Franchise shall be subject to the conditions that the successor-in-interest to the Facilities and/or the rights under this Franchise shall have agreed in writing to be bound by the terms and conditions of this Agreement. Any dispute relating to or arising out of the provisions of this paragraph shall be subject to the non-binding arbitration provisions set forth below, in Section 19 of this Agreement. Franchisee may, without obtaining the County ' s consent, pledge this Franchise and/or the facilities as security. SECTION 3. USE AND MAINTENANCE OF PUBLIC RIGHTS-OF-WAY Franchisee ' s Gas System Facilities shall be located or relocated and so constructed as not to interfere with, including but not limited to, sanitary sewers, force mains, drainage systems, water pipes, electrical conduits, communications cables or other public utility service facilities, existing at the time of such location, relocation or construction. The Franchisee' s Facilities shall not obstruct or interfere with the public uses of streets, roads, highways or alleys, or create any conditions which are or may become dangerous to the traveling public. Above grade facilities shall be kept to a minimum, and shall be installed as near to the outer boundaries of the public rights-of- way as reasonably possible . The location or relocation of all Facilities shall be made after Franchisee has received all applicable permits, approvals and permissions from the County and such other governmental entities as may be necessary, and the location(s) or relocation(s) shall be subject to the County' s supervision and approval . In consideration for the Franchise Fee paid under this Agreement, the Franchisee will not be assessed any permit fees associated with the installation, construction, repair or maintenance of any Gas System Facilities within the public rights-of--way. In the event that Franchisee is acting in its proprietary function as a retail provider of gas equipment or appliances, Franchisee shall seek the appropriate permits from the County. Franchisee shall cooperate with the County at all times by providing timely and complete information regarding the location of its Facilities. Franchisee and County shall cooperate and coordinate their efforts to make the most efficient and economical use of the public rights-of--way and the Gas System Facilities. 3