Agmt06 Comcast of California - Laserfiche WebLink

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the same as Exhibit D attached hereto. In the event that a Franchise Fee payment or other sum due is not received by the City on or before the date due, or is underpaid, Grantee shall pay in addition to the payment, or sum due, interest from the due date at an annual rate equal to one and one-half percent (1.5%) per month or as otherwise allowed by Applicable Laws. Failure to remit the undisputed Franchise Fee to the City shall be considered a material breach of this Franchise and subject Grantee to all available enforcement provisions of this Franchise and Applicable Laws. c. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. In the event the City should conduct a review of Grantee's books and records pursuant to Section 7.4 of this Franchise and such review indicates a Franchise Fee underpayment of five percent (5%) or more, the Grantee shall assume all reasonable documented costs of such audit, and pay same upon demand by the City. 3. Not Franchise Fees. Grantee acknowledges and agrees that the Franchise Fees payable by Grantee to City pursuant to this section shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be provided or performed by Grantee pursuant to this Franchise and such Franchise Fees shall not be deducted from, or credited or offset against, any taxes, fees or assessment of general applicability levied or imposed by City or any other governmental agency, and that the Franchise Fees provided for in this section of this Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which Grantee shall be required to pay to City and/or to any other governmental authority, all of which shall be separate and distinct obligations of Grantee. 4. Access to Records. The City shall have the right to inspect, upon reasonable written notice and during Normal Business Hours, or require Grantee to provide within a reasonable time a reasonable number of copies of any non-confidential records maintained by Grantee which relate to System operations including specifically Grantee's accounting and financial records. City acknowledges that some of the records which may be provided by Grantee may be classified as confidential and therefore may subject Grantee to competitive disadvantage if made public. City shall therefore maintain the confidentiality of any and all records provided to it by Grantee which are not required to be made public pursuant to Applicable Laws. City shall notify Grantee whenever confidential, proprietary documents are sought at least fourteen (14) business days prior to the intended release, so that Grantee may seek protection in accordance with state law. Grantee shall produce such books and records for City's inspection at Grantee's local office within the Service Area or at such other mutually agreed upon location within the San Francisco Bay Area Market. To the extent it is necessary for City to send a representative to a location outside of the City to inspect Grantee's books and records, Grantee shall be responsible for reasonable travel costs, including airfare, hotel, meals, car rental, etc. For purposes ofthis section, "reasonable travel costs" shall mean those 27