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<br />Complimentary Service to the extent a newly designated building replaces a site previously <br />receiving such service. <br /> <br />Section 4.4 Receipt of Subscriber Payments <br /> <br />The Grantee must maintain a convenient means for Subscribers to make payments such as <br />the ability to make payments electronically via a company website. <br /> <br />SECTION 5. ADMINISTRATION PROVISIONS <br /> <br />Section 5.1 Franchise Fee. <br /> <br />a. The Grantee shall pay a Franchise Fee to the City in an amount equal to <br />five percent (5%) of its Gross Revenues. The Grantee shall remit Franchise Fee payments <br />to the City on a quarterly basis within 60 days of the close of the preceding calendar <br />quarter. Payments shall be based on Gross Revenues generated during the preceding <br />calendar quarter. In the event Grantee offers a bundle or package of Cable Services and <br />non-Cable Services at a discounted rate, the Grantee must allocate revenues between <br />Cable Services subject to the Franchise Fee and non-Cable Services that are not subject to <br />the Fee on a proportionate pro rata basis in accordance with Generally Accepted <br />Accounting Principles (“GAAP”). In no event shall the Grantee allocate the revenues to <br />evade its Franchise Fee obligations under this Franchise or to disproportionately reduce <br />Gross Revenues. <br /> <br />b. Each Franchise Fee payment must be accompanied by a report in form <br />reasonably acceptable to City detailing the computation of the payment. All amounts paid <br />are subject to audit and recomputation by the City, and acceptance of any payment must <br />not be construed as an accord that the amount paid is in fact the correct amount. In <br />accordance with Minn. Stat. § 541.05, any action to recover Franchise Fees must be <br />commenced within three (3) years of receipt of the Franchise Fee payment or due date for <br />such payment. <br /> <br />c. In the event that any Franchise payment or recomputed payment is not <br />made on or before the dates specified herein, Grantee shall pay an interest charge, <br />computed from such due date, at the annual rate of one percent over the prime interest <br />rate. <br /> <br />Section 5.2 Rules of Grantee. <br /> <br />The Grantee may promulgate such rules, terms and conditions governing the conduct of <br />its business provided that such rules, terms and conditions must not be in conflict with the <br />provisions of this Franchise, the Cable Ordinance, or applicable laws or regulations. <br /> <br />SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY <br />FUND <br />526220v5 RJV SH255-14 <br />7 <br /> <br />