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with copy to: Brooks Fiber Properties, Inc. <br /> Attn: Right of Way Department <br /> 464 Oakmead Parkway <br /> Sunnyvale, CA 94086 <br /> Office No: (408) 222-2300 <br /> Fax No: (408) 222-2355 <br /> <br /> 23. Fees and Taxes. <br /> <br /> (a) BFC shall collect and distribute to City the Telephone Users Tax from <br />its service users pursuant to Sections 32.500, et seq., of the Redwood City <br />Municipal Code, as it now reads or may hereinafter be amended, if the Facilities <br />are used to provide revenue-producing telecommunications services that would <br />be subject to City's Telephone Users Tax. BFC shall notify City at least thirty (30) <br />days before providing such revenue-producing telecommunications services that <br />would be subject to City's Telephone Users Tax. <br /> <br /> (b) BFC shall provide such records to City as City may require to confirm <br />compliance with this requirement and shall share equally the cost of any auditor <br />selected by City to conduct an audit in this regard. Audits shall not be conducted <br />more than biannually, and BFC or City shall pay on rebate such amounts <br />discovered by the auditor within sixty (60) days of receipt of the audit report. <br /> <br /> (c) BFC shall be solely responsible for the payment of all lawful Fees <br />charged in connection with the exercise of BFC's right, title, and interest in, and <br />the construction, installation, maintenance, and operation of, the Facilities and the <br />rendering of Telecommunication Services under this Agreement. <br /> <br /> <br />