2002-10-23 CC Packet - Laserfiche WebLink

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