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exclusive rovider of both the Supuly Component and the Delivery Component of retail electric service to its defined service area within the City:. omnan-�rAs eXclusiVe service status is currently provided under Minnesota Statutes Section_?216B.37 gt seq. if Company is no Ionzer the exclusive provider of both the Supply om onent and the Delivery Corn onent of retail service within City. Company's obligation to collect and pair a franchise fee on such retail electric service shall terminate upon .20 days notice to Clle . However, notwithstanding the foreizoin , Company agrees to collect and pay any applicable franchise fee imposed by the itv on the revenues from the Delivery Component of electric service provided by Company to retail customers located within the City under the aniplicable Commission-approved_ Deliver component of ornpany's retail electric service rates and CompAnv further agrees to collect the franchise fee on the Supply omponent to the full extent the City is authorized-by law. and implements such authorization to collect the fee or its e u iva rent amount from all entities jr)ro.vidiLig the SUDDly COW onent through electric distribution facilities operated by Company by means of a surcharge of equal arnount on Company's billings to its customers within the or by such other means as the Commission has authorized. 9.5 Collection of the Fee. The franchise fee shall be-payable quarterly and shall be based on the Gross Revenues of omt)any during ornplete billigg months during the period for which Pavment is to be made. The pament shall be due the last business day of the month following the period for which the payment is made. The percent fee rna� chanue��y ordinance from time to time; however, each change shall meet the same notice reQuirements and the ercenta a mav not be char ed more often than annuall . Such fee shall not exceed an arnount which Comma may leery charge to its customers prior to payment to the City by imDosiniz a surcharge-a uivalent to such fee to its rates for electric service. Companv may a the Citv the fee based upon the surcharge billed subject to subse uent reductions to account for uncollectibles refunds and correction of erroneous billings. The item and manner of co 1 lectir� the franchise fee is subject to the approval of the om.mission" which Company agrees to use best efforts to obtain. Cony .an agrees to make its Gross Revenues records available for inspection by the City at reasonable times, 9.6 Conditions on the Fee. The separate ordinance imposing the fee shall not be must Corn an unless it lawfully irn oses and the Cit uarterl or more often effective �� collects a fee or tax of the same or vreater equivalent amount on the recei is from sales of energy within the Cily by agy other energy su lier provided that as to such a surmller, the Citv has the authority to re wire a franchise free or to irn ose a tax. The same or greater eciurvalent amount'' shall be measured if practicable, by corn arin amounts collected as a franchise fee from each similar customer or bv conivarige, as to similar customers the ercenta a of the annual bill represented by the amount collected from the franchise fee ourposes. The franchise fce or tax shall be apiplicable to enenav sales for aff.energy use related to heatin cooling., or lighting, as well as to the six 1 of ener needed to run machine and a fiances on premises located within or adjacent to the Citv, but shall not agply to energy sales for the purpose for providing fuel for vehicles. Yf ComiDany specifically consents in writtn to a franchise or se arate ordinance collecting or failing to collect a fee from another energy supplier in contravention to this Section the foregoin2 conditions will be waived to the 8