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any other license fee, permit fee, tax or charge on the business, occupation, property or income of <br /> Grantee that may be lawfully imposed by the City. <br /> 4.9. Payment on Termination <br /> If this Franchise terminates for any reason, the Grantee shall file with the City within ninety (90) <br /> calendar days of the date of the termination, a financial statement showing the Gross Revenues <br /> received by the Grantee since the end of the previous fiscal year. The City reserves the right to <br /> satisfy any remaining financial obligations of the Grantee to the City by utilizing the funds available <br /> in the irrevocable letter of credit or performance bond provided by the Grantee. <br /> 5. ADMINISTRATION AND REGULATION <br /> 5.1. Authority <br /> A. The City shall be vested with the power and right to reasonably regulate the exercise of the <br /> privileges permitted by this Franchise in the public interest, or to delegate that power and right, or <br /> any part thereof,to the extent permitted under law to any agent in its sole discretion. <br /> B. Nothing in this Franchise shall limit nor expand the City's right of eminent domain under State <br /> law. <br /> 5.2. Time Limits Strictly Construed <br /> Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be <br /> deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be <br /> considered a material breach of this Franchise, and sufficient grounds for the City to invoke any <br /> relevant remedy. <br /> 6. FINANCIAL AND INSURANCE REQUIREMENTS <br /> 6.1. Indemnification <br /> 6.1.1. GENERAL INDEMNIFICATION <br /> Grantee shall indemnify, defend and hold the City, its officers, officials,boards,commissions, <br /> employees, agents,representatives, and volunteers,harmless from any action or claim for injury, <br /> damage, loss, liability, cost,or expense, including court and appeal costs and attorneys'fees or <br /> expenses, arising from any casualty or accident to Person or property, including,without limitation, <br /> copyright infringement, defamation, and all other damages in any way arising out of, or by reason <br /> of,any construction,excavation, operation,maintenance,reconstruction, or any other act done <br /> under this Franchise,by or for Grantee,its agents,or its employees,or by reason of Grantee's <br /> conduct. Grantee shall consult and cooperate with the City while conducting its defense of the City. <br /> Indemnification for Relocation <br /> 11 of 30 <br />