Laserfiche WebLink
Exhibit D - 2012 Settlement Agreement <br />C. Any renewed franchise shall contain the following language concerning <br />franchise fee reviews and audits: <br />(i) All franchise fee amounts paid shall be subject to audit and <br />recomputation by the City and/or the Commission, and acceptance of any <br />payment shall not be construed as an accord that the amount paid is in fact the <br />correct amount. If an audit or review discloses an overpayment or underpayment <br />of franchise fees, the City and/or the Commission shall notify Comcast of such <br />overpayment or underpayment. The City's/Commission's audit or review <br />expenses shall be borne by the City/Commission unless the audit or review <br />determines that the payment to the City should be increased by more than five <br />percent (5%) in the audited/reviewed period, in which case the costs of the <br />audit/review shall be borne by Comcast, up to a cap of $25,000, as a cost <br />incidental to the enforcement of the Franchise. Any additional amounts due to the <br />City as a result of the audit or review shall be paid to the City within thirty (30) <br />days following written notice to Comcast by the City/Commission of the <br />underpayment, which notice shall include a copy of the audit/review report. If the <br />recomputation results in additional revenue to be paid to the City, such amount <br />shall be subject to a ten percent (10%) annual interest charge. <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 by <br />Comcast (or maintained by an Affiliate or a third -party contractor/vendor on <br />behalf of Comcast) reasonably related to the calculation and payment of franchise <br />fees. The Grantee shall maintain such records, documents and data for a <br />minimum of four (4) years. Such records include, but are not limited to, those set <br />forth in Paragraph 6 of this March 1, 2012, Settlement Agreement for the <br />remaining term of the obligation set forth therein. <br />(iii) Comcast shall have no less than twenty (20) business days to <br />respond fully and completely to any written request for data, documents and <br />records 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 twenty <br />(20) business day deadline applicable to a written request for data, information <br />and documents no later than ten (10) business days after the date of such request. <br />Every request for an extension of time shall describe, in detail, the reasons the <br />extension is necessary. The City/Commission may, in its sole discretion, grant or <br />deny an extension request, and shall act reasonably in making such a <br />determination based on the scope and complexity of the information request at <br />issue and the facts cited by Comcast in its written extension request. <br />(iv) In the event any franchise fee payment or recomputation amount is <br />not made on or before the required date, Comcast shall pay, during the period <br />such unpaid amount is owed, the additional compensation and interest charges <br />computed from such due date, at an annual rate of ten percent (10%). <br />7 <br />