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Component of Company's retail electric service rates and Company further agrees to collect the franchise fee on the Supply Component to the full extent the City is authorized by law, and implements such authorization, to collect the fee or its equivalent amount, from all entities providing the Supply Component through electric distribution facilities operated by Company by means of a surcharge of equal amount on Company's billings to its customers within the City, 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 Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. The time and manner of collecting the franchise fee is subject to the approval of the Commission, which Company agrees to use its best efforts to obtain. Company 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 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 City has the authority to require a franchise fee or to impose a tax. In the event the City cannot collect the same or greater equivalent amount from any other energy supplier, Company agrees to collect and pay 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 amounts 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 providing 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 9.5, the foregoing conditions will be waived to the extent of such written consent. 8