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11-13-17-R
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11-13-17-R
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21 <br /> <br />or review determines that the payment to the City should be increased by <br />more than five percent (5%) in the audited/reviewed period, in which case <br />the costs of the audit/review shall be borne by Comcast, up to a cap of <br />$25,000 for all current members of the Commission collectively, as a cost <br />incidental to the enforcement of the Franchise. Any additional amounts <br />due to the City as a result of the audit or review shall be paid to the City <br />within thirty (30) days following written notice to Comcast by the <br />City/Commission of the underpayment, which notice shall include a copy <br />of the audit/review report. If the recomputation results in additional <br />revenue to be paid to the City, such amount shall be subject to a ten <br />percent (10%) annual interest charge. <br /> <br />ii. The City/Commission shall have the right to inspect and to require <br />Comcast to provide any and all data, documents and records maintained <br />by Comcast (or maintained by an Affiliate or a third-party <br />contractor/vendor on behalf of Comcast) reasonably related to the <br />calculation and payment of franchise fees. The Grantee shall maintain <br />such records, documents and data for a minimum of four (4) years. Such <br />records include, but are not limited to, those set forth in Paragraph 6 of the <br />March 1, 2012, Settlement Agreement (attached hereto as Exhibit D). <br /> <br />iii. Comcast shall have no less than twenty (20) business days to respond fully <br />and completely to any written request for data, documents and records <br />issued by the City/Commission, unless an extension of time is granted by <br />the City/Commission in writing. Comcast may request an extension of the <br />twenty (20) business day deadline applicable to a written request for data, <br />information and documents no later than ten (10) business days after the <br />date of such request. Every request for an extension of time shall <br />describe, in detail, the reasons the extension is necessary. The <br />City/Commission may, in its sole discretion, grant or deny an extension <br />request, and shall act reasonably in making such a determination based on <br />the scope and complexity of the information request at issue and the facts <br />cited by Comcast in its written extension request. <br /> <br />iv. In the event any franchise fee payment or recomputation amount is not <br />made on or before the required date, Comcast shall pay, during the period <br />such unpaid amount is owed, the additional compensation and interest <br />charges computed from such due date, at an annual rate of ten percent <br />(10%). <br /> <br />v. Nothing in this Franchise shall be construed to limit any authority of the <br />City to impose any tax, fee or assessment of general applicability. <br /> <br />vi. The franchise fee payments required by this Franchise shall be in addition <br />to any and all taxes or fees of general applicability. Comcast shall not <br />have or make any claim for any deduction or other credit of all or any part
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