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9.5 Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the i has the authority to require a franchise fee or to impose a tax. In the event the City cannot City collect the same or greater equivalent amount from any other energy supplier, Company agrees to collect and p a y any applicable franchise fee imposed by the City on the revenues from the Delivery Component of electric service provided by Company to retail customers located within the City under the applicable Commission-approved Delivery Component of Company's retail electric service rates. This franchise fee on the Commission-approved Delivery Component of electric retail service shall apply whether Company or another entity provides the Supply Component of the retail electric service to such customer. The "same or greater equivalent amount" shall be measured, if practicable, by comparing mounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers, the percentage of the annual bill represented by the amount collected for the franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling, or lighting, as well as to the supply of energy needed to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose for roviding fuel for vehicles. If Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in . . contravention to this Section .5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10, PROVISIONS of IN NC + 10.1 SeverabilibL. Every section, provision, or part of this ordinance is declared separate from every other section, provision or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. where a provision of an y other City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail. 10.2 Limitation on AnDlic abili . This ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit any third person (M' Cluding the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11, AM1EPQD T PRO EI Either p arty to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this ordinance may be amended at any time by the City passIng a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of 8