Reso 99-134 - Laserfiche WebLink

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public accouman[ or certified as true and correct by a duly authorized financial officer of franchisee. Franchisee shall bear the cost of the preparation of such statements. D. The acceptance by the City of any paymeN from franchisee of the franchise fee shall not constitute a release or an accord and satisfaction of any claim the City may have against franchisee for performance of any of its obligations under Ordinance No. 99-~and amendments thereto, this franchise agreement, or local, State of Federal law, including, without limitation, franchisee's obligation to pay the proper franchise fee amount owed, subject, however, to applicable statute of limitations, if any. E. Following the expiration or the termination for any reason of its franchise, franchisee shall pay the franchise fee owed as of the date that its operations ceased within 90 calendar days of ceasing such operations. Such payment shall be accompanied by a gross revenues audit report prepared by a certified public accountant showing the revenues received by franchisee since the end of the previous fiscal year. F. Franchisee expressly agrees that: (I) the franchise fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax; (ii) such franchise fee payments shall be in addition to any and all taxes of a general applicability and not applicable solely to cable television operations within the City or other fees or charges which franchisee shall be required to pay to the City or to any State of Federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of franchisee; (iii) franchisee shall not have or make any claim for any deduction or other credit of all or any pan of the amount of said franchise fee payments from or against any of said City taxes or other fees or charges of general applicability which franchisee is required to pay to the City, except as agreed herein or required by law;(iv) franchisee shall not apply nor seek to apply all or any pan of the amount of said franchise fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges of general applicability, each of which shall be deemed to be separate and distinct obligations of franchisee; (v) franchisee shall not apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges of general applicability as a deduction or other credit from or against any of its franchise fee obligations, each of which shall be deemed to be separate and distinct obligations of franchisee; and (vi) the franchise fee specified herein is the minimum fair market value for the grant hereunder of a franchise for use of the streets, including all public easements, public rights-of-way and other entitlement to use, occupy or traverse public property, for the purpose of operating a cable television system. -20- Cable Franchise Agreemem '\ C9'