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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />master control facility. If reimbursement amounts are owed to the Grantee <br />pursuant to this paragraph for construction and installation work, such amounts <br />shall be paid by the Conunission within sixty (60) days of receiving an itemized <br />invoice from the Grantee. No invoice shall be submitted to the Conunission by <br />the Grantee until all the capabilities described herein are operating properly, as <br />determined by Commission staff. Any invoices from Grantee's subcontractors <br />will not be accepted by the Commission or the City for payment. <br /> <br />6.2.3 The Grantee on the one hand and the City and the Conunission on the other hand <br />agree not to assert, raise or otherwise claim at any time before any court of <br />competent jurisdiction or any administrative agency that, as of December 31, <br />2001, either party owes any amounts to the other party for actual or alleged <br />overpayment(s) or underpayment(s) of PEG Fees or Franchise fees by the <br />Grantee. In addition, the Grantee on the one hand and the City and the <br />Commission on the other hand hereby: (i) completely and irrevocably release the <br />other party from any liability or indebtedness for any actual or alleged PEG Fee <br />and/or Franchise fee overpayments or underpayment(s) made by the Grantee that <br />may exist as of December 31,2001; and (ii) Grantee agrees that it will not, at any <br />time, offset or deduct any actual or alleged PEG Fee and/or Franchise fee <br />overpayment amounts that may exist as of December 31,2001, from PEG Fees <br />and Franchise fees owed and/or paid to the Conunission and/or the City. In <br />exchange for the Grantye's conunitments under this paragraph, the City and the <br />Conunission agree that they will not, at any time, audit the accuracy of PEG Fee <br />and/or Franchise fee payments actually made to the Commission through the <br />period ending December 31, 2001. If, for any reason or at any time, the Grantee <br />fails to comply fully with its obligations under this subsection 6.2.3, the City and <br />the Conunission shall regain the right to audit all of the Grantee's PEG Fee and/or <br />Franchise fee payments, including (but not limited to) payments made under the <br />Prior Franchise. <br /> <br />6.3 Regional Channel 6. <br /> <br />The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage <br />to the extent required by State law. <br /> <br />6.4 Leased Access Channels. <br /> <br />The Grantee shall provide Leased Access Channels as required by federal and State law. <br /> <br />6.5 PEG Obligations. <br /> <br />Except as expressly provided in this Franchise, the Grantee shall not make any changes in <br />PEG support or in the transmission, reception and carriage of PEG channels and <br />equipment associated therewith, without the consent of the City and/or the Conunission. <br /> <br />6.6 Costs and Payments not Franchise Fees. <br /> <br />35 <br />
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