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month period, Grantee agrees that the additional commitments herein are not franchise fees as <br /> defined under any federal law, nor are they to be offset or credited against any franchise fee <br /> payments due to the City,nor do they represent an increase in franchise fees to be passed through to <br /> Subscribers pursuant to any federal law. <br /> 3.10 Tax Liability <br /> The franchise fees shall be in addition to any and all taxes or other levies or assessments <br /> which are now or hereafter required to be paid by businesses in general by any law of the City, the <br /> State or the United States including, without limitation, sales, use and other taxes, business license <br /> fees or other payments. Payment of the franchise fees under this Franchise shall not exempt <br /> Grantee from the payment of any other license fee, permit fee, tax or charge on the business, <br /> occupation, property or income of Grantee that may be lawfully imposed by the City. Any other <br /> license fees, taxes or charges shall be of general applicability in nature and shall not be levied <br /> against Grantee solely because of its status as a Cable Operator. <br /> 3.11 Financial Records <br /> Grantee agrees to meet with a representative of the City upon request to review Grantee's <br /> methodology of record-keeping, financial reporting, the computing of franchise fee obligations and <br /> other procedures, the understanding of which the City deems necessary for reviewing reports and <br /> records. <br /> 3.12 Payment on Termination <br /> If this Franchise terminates for any reason, the Grantee shall file with the City within ninety <br /> (90) calendar days of the date of the termination, a financial statement, certified by an independent <br /> certified public accountant, showing the Gross Revenues received by the Grantee since the end of <br /> the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations of <br /> the Grantee to the City by utilizing the funds available in a letter of credit, if available, or other <br /> security provided by the Grantee. <br /> SECTION 4. ADMINISTRATION AND REGULATION <br /> 4.1 Authority <br /> (A) To the extent permitted under federal, State and local law, the City shall be vested <br /> with the power and right to reasonably regulate the exercise of the privileges permitted by this <br /> Franchise in the public interest, or to delegate that power and right, or any part thereof to any agent <br /> in its sole discretion. <br /> (B) Nothing in this Franchise shall limit nor expand the City's right of eminent domain <br /> under State law. <br /> Page 17 of 58 <br />