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United States including, without limitation, sales, use and other taxes, business license fees or
<br />other payments. Payment of the fees under this Franchise shall not exempt Grantee from the
<br />payment of any other license fee, permit fee, tax or charge on the business, occupation, property
<br />or income of 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 />reasonably associated with this Franchise and received by the Grantee since the end of the
<br />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 the irrevocable letter of credit or
<br />performance bond provided by the Grantee, in accordance with section 6.4.
<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
<br />the privileges permitted by this Franchise in the public interest on a nondiscriminatory basis.
<br />B. Nothing in this Franchise shall limit nor expand the City's right of eminent domain under
<br />State 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
<br />be deemed to be of the essence, and any failure of Grantee to perform within the allotted time
<br />may be considered a material breach of this Franchise, and sufficient grounds for the City to
<br />invoke any 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
<br />limitation, copyright infringement, defamation, and all other damages in any way arising out of,
<br />or by reason of, any construction, excavation, operation, maintenance, reconstruction, or any
<br />other act done under this Franchise, by or for Grantee, its agents, or its employees, or by reason
<br />of Grantee's conduct. Grantee shall consult and cooperate with the City while conducting its
<br />defense of the City. This indemnity provision shall survive the expiration, revocation, or
<br />termination of this Franchise.
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