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ORD 19-03
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ORD 19-03
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4/9/2019 12:52:16 PM
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type
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date
2/4/2019
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quarter. In the event Grantee offers a bundle or package of Cable Services and non -Cable <br />Services at a discounted rate, the Grantee must allocate revenues between Cable Services <br />subject to the Franchise Fee and non -Cable Services that are not subject to the Fee on a <br />proportionate pro rata basis in accordance with Generally Accepted Accounting Principles <br />("GAAP"). In no event shall the Grantee allocate the revenues to evade its Franchise Fee <br />obligations under this Franchise or to disproportionately reduce Gross Revenues. <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 not <br />be construed as an accord that the amount paid is in fact the correct amount. In accordance <br />with Minn. Stat. § 541.05, any action to recover Franchise Fees must be commenced within <br />three (3) years of receipt of the Franchise Fee payment or due date for such payment. <br />C. In the event that any Franchise payment or recomputed payment is not made <br />on or before the dates specified herein, Grantee shall pay an interest charge, computed from <br />such due date, at the annual rate of one percent over the prime interest rate. <br />Section 5.2 Rules of Grantee. <br />The Grantee may promulgate such rules, terms and conditions governing the conduct of its <br />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 />SECTION 6. INDEMNIFICATION, ONSURANCE, BONDS AN,D SECURITY <br />FUND <br />Section 6.1 Indemnification. <br />By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City <br />harmless in accordance with the Cable Ordinance. <br />Section 6.2 Insurance. <br />At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate <br />of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such <br />insurance for the entire term of this Franchise. <br />Section 6.3 Performance Bond. <br />a. The Grantee must furnish to the Commission, for the benefit of all member <br />cities of the Commission, a single performance bond in the amount of Fifty Thousand <br />Dollars ($50,000.00) in a form and substance reasonably acceptable to the Commission. The <br />single bond provided to the Commission shall comply with the parallel bonding <br />requirements imposed by the other members of the Commission. The Grantee must <br />maintain the bond until this Franchise expires or is terminated. <br />5262200 RJV SH255-14 7 <br />
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