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4.3. SR 11-04-2019
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4.3. SR 11-04-2019
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only be required to provide Complimentary Service to the extent a newly designated <br /> building replaces a site previously receiving such service. <br /> Section 4.4 Receipt of Subscriber Payments <br /> The Grantee must maintain a convenient means for Subscribers to make payments such <br /> as the ability to make payments electronically via a company website. <br /> SECTION 5. ADMINISTRATION PROVISIONS <br /> Section 5.1 Franchise Fee. <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 <br /> payments to the City on a quarterly basis within 60 days of the close of the preceding <br /> calendar quarter. Payments shall be based on Gross Revenues generated during the <br /> preceding calendar quarter. In the event Grantee offers a bundle or package of Cable <br /> Services and non-Cable Services at a discounted rate, the Grantee must allocate revenues <br /> between Cable Services subject to the Franchise Fee and non-Cable Services that are not <br /> subject to the Fee on a proportionate pro rata basis in accordance with Generally <br /> Accepted Accounting Principles ("GAAP"). In no event shall the Grantee allocate the <br /> revenues to evade its Franchise Fee obligations under this Franchise or to <br /> 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 <br /> paid are subject to audit and recomputation by the City, and acceptance of any payment <br /> must 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 /> 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 /> Section 5.2 Rules of Grantee. <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 /> SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY <br /> FUND <br />
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