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• listed in Exhibit A attached hereto. The programming provided by FiberNet is not <br /> for public display. The City shall hold FiberNet harmless for any copyright, or <br /> other penalties, incurred due to improper use of free service. FiberNet shall not <br /> be required to provide converters. <br /> b. FiberNet must provide a Drop, outlet and Basic Cable Service and <br /> Cable Programming Service to such other accredited public schools or public <br /> administration buildings as the City may subsequently designate, provided <br /> however, that FiberNet shall only be required to pay the cost of the first one <br /> hundred and fifty (150) feet of any necessary Cable System construction. The <br /> City or institution shall pay any additional actual construction cost. FiberNet will <br /> have a reasonable time from the designation of additional sites to complete <br /> extension. Additional Drops and/or outlets at institutional locations must be <br /> provided by FiberNet at the cost of FiberNet's time and material. Alternatively, <br /> institutions may add outlets at their own expense. <br /> Section 4.4 Drop Box. <br /> FiberNet must maintain a local drop box for receiving subscriber payments in the <br /> City. <br /> SECTION 5. ADMINISTRATION PROVISIONS <br /> • Section 5.1 Franchise Fee. <br /> a. FiberNet shall pay a Franchise Fee to the City in an amount equal to <br /> five percent (5%) of its gross revenues. FiberNet shall remit Franchise Fee <br /> payments to the City on a quarterly basis within 60 days of the close of the <br /> preceding calendar quarter. Payments shall be based on gross revenues <br /> generated during the preceding quarter. <br /> b. Each Franchise Fee payment must be accompanied by a report in <br /> form reasonably acceptable to City detailing the computation of the payment. All <br /> amounts paid are subject to audit and recomputation by the City, and <br /> acceptance of any payment must not be construed as an accord that the amount <br /> paid is in fact the correct amount. In accordance with Minn. Stat. § 541.05, any <br /> action to recover Franchise Fees must be commenced within six (6) years of <br /> receipt of the Franchise Fee payment or due date for such payment. <br /> c. In the event that any Franchise Fee payment or recomputed payment <br /> is not made on or before the dates specified herein, FiberNet shall pay an <br /> interest charge, computed from such due date, at the annual rate of one percent <br /> over the prime interest rate. <br /> City of Monticello Ordinance 514 7 <br />