Agmt06 Comcast of California - Laserfiche WebLink

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b. Locations may add outlets at their own expense, as long as such Installation meets Grantee's standards and approval which shall not be unreasonably withheld. Grantee shall have three (3) months from the date of the City's written request of additional accredited schools or public institutions or relocations to complete construction and Installation. 5. Compliance with Applicable Law. In accepting this Franchise, the Grantee agrees that the commitments indicated in this Section 6 and the attached Exhibit B are voluntarily entered into. Consistent with Applicable Law, Grantee and City agree that any and all PEG access capital support referenced in this Section 6 and Exhibit B will not be deemed to be "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by Grantee pursuant to Section 7 hereof or (ii) part of the Franchise Fees to be paid to City by Grantee pursuant to Section 7 hereof. 6. Itemization of Expenses. Grantee shall not pass-through to Subscribers, by way ofline itemization, surcharge or addition to an otherwise permissible rate, or charge to City, any amounts relating to any provision of this Franchise unless expressly authorized by Applicable Laws. 7. Programming. All programming transmitted over PEG Access Channels shall be non- commercial in nature. Grantee and City agree that City, or the producer or distributor of such programming, may include acknowledgments for Persons which sponsor or underwrite access programming in a manner substantially similar to the sponsorship and underwriting information provided on the Public Broadcasting System (PBS) and consistent with Applicable Laws. SECTION 7 OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise to the extent allowed by Applicable Law. Nothing herein shall prevent Grantee from challenging any delegated act or function as an improper delegation of City authority. 2. Franchise Fee. a. During the term of the Franchise, Grantee shall pay City a quarterly Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues, or such other amounts as are subsequently permitted by federal statute. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each quarter together with a report showing the basis for the computation in form and substance substantially 26