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<br />k. <br /> <br />"Franchise" or "Cable Franchise" means this Franchise Agreement and the <br />regulatory and contractual relationship established hereby. <br /> <br />1. <br /> <br />"Franchise Fee" includes any tax, fee, or assessment of any kind imposed by the <br />City or other governmental entity on Grantee or Subscriber, or both, solely <br />because of their status as such. It does not include any tax, fee, or assessment of <br />general applicability (defined as such tax, fee, or assessment imposed on both <br />utilities and cable operators or their Services but not including a tax, fee, or <br />assessment which is unduly discriminatory against cable operators or cable <br />Subscribers); capital costs which are required by the Franchise to be incurred by <br />Grantee for public, educational, or governmental access facilities; requirements or <br />charges incidental to the awarding or enforcing of the Franchise, including <br />payments for bonds, security funds, letters of credit, insurance, indemnification, <br />penalties, or liquidated damages; or any fee imposed under Title 17 of the United <br />States Code. <br /> <br />m. <br /> <br />"Grantee" is Comcast of California IX, Inc., its lawful successors, transferees or <br />assIgnees. <br /> <br />n. <br /> <br />"Gross Revenue" means any and all revenue derived directly or indirectly by <br />Grantee, its affiliates, subsidiaries, parent, or any entity in which Grantee has a <br />financial interest, from the operation of its Cable System to provide Cable <br />Services within the City including, but not limited to, I) all Cable Service fees, 2) <br />Franchise Fees, 3) late fees, returned check charges, collection agency charges, 4) <br />Installation and reconnection fees, 5) fee payments or other consideration earned <br />by the Grantee from programmers for carriage of Cable Services to the extent <br />consistent with generally applicable accounting principles ("GAAP"), 6) upgrade <br />and downgrade fees, 7) advertising revenue calculated consistent with GAAP, 8) <br />home shopping commissions, 9) Converter and remote control rental fees, 10) <br />Lockout Device fees and II) guides. The term Gross Revenue shall not include <br />bad debts or any taxes on Services furnished by Grantee imposed upon <br />Subscribers by any municipality, state, or other governmental unit and collected <br />by Grantee for such governmental unit. City and Grantee acknowledge and agree <br />that Grantee will maintain its books and records in accordance with GAAP. <br /> <br />o. <br /> <br />"Installation" means the connection of the Cable System from feeder cable to the <br />point of demarcation including Standard Installations and custom Installations <br />with the Subscriber Converter or other terminal equipment. <br /> <br />p. <br /> <br />"Lockout Device" means a parental control or Lockout Device, traps or filters to <br />enable a Subscriber to control access to both the audio and video portions of any <br />or all Channels. Grantee shall inform its Subscribers of the availability of the <br />Lockout Device at the time of their initial subscription and periodically thereafter. <br />Any device offered shall be at the rate, if any, in compliance with Applicable <br />Laws. <br /> <br />3 <br />