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a <br /> i <br /> c. Any renewed franchise shall contain the following language concerning <br /> franchise fee reviews and audits: <br /> (i) All franchise fee amounts paid shall be subject to audit and <br /> recotmputation by the City and/or the Commission, and acceptance of any <br /> payment, shall not be construed as an accord that the amount paid is in fact the <br /> correct amount. If an audit or review discloses'an overpayn-`e nt or Underpayment <br /> of franchise fees; the City and/or the Commission-shall-ratify Comcast of such <br /> overpayment or underpayrnent. The City's/Commission's audit or review <br /> expenses shall be borne by the City/Commission unless the audit or review <br /> deteimine:s that the payment to the City should be increased by more than live <br /> percent (5%) in the audited/reviewed, period, in which case: the costs of the <br /> audit/review shall be borne by Comeast, up to a cap of $25,000, as a cast <br /> incidental to the enforcement of the Franchise, Any additional amounts due to the <br /> City as a result of the audit or review shall be paid to the City within thirty (30) <br /> days following written notWe to Comeast by the{ City/Cozrimission of the <br /> underpayment, which notice shall include a copy of the audit/review report. Tithe <br /> recomputation results in additional revenue to be paid to the City, such amount <br /> shall be subject to a ten percent(10%)annual interest charge. <br /> (ii) The City/Cornrn,ission shall have the right to.inspect and to require <br /> Comcast to provide. any and all data, documprits and records maintained by <br /> Comcast (or maintained lay an Affiliate or a third-parity contractor/vendor on <br /> behalf of Comeast) reasonably related to the calculation and payment of franchise <br /> fees. The Grantee shall maintain such; records, documents and data, for a <br /> -minimum of four(4) years. Stich records include,but are not limited to,those set <br /> Forth, in Paragraph to of this March 1, 2012, Settlement Agreement for the <br /> remaining terra of the obligation set forth therein. <br /> (iii) Comcast shall have no less than. twenty (20) business days to <br /> respond fully and completely to any written request fordata, documents and <br /> records issued by the City/Commission, sinless an extension of time is granted by <br /> the;:City/Commission in writing, Comcast may request an extcusion of the twenty <br /> (20) business day deadline applicable to a written request for data, information <br /> and documents no later than ton(10) business days after the date of such request. <br /> Every request for an extension of time shall describe, in detail, the reasons the <br /> extension is necessary, The Clty/Co rrnission may, in its sole discretion,gent car <br /> deny an extension request, end shall act reasonably in making such a <br /> determination based on the scope and complexity of the information request at <br /> issue~and the facts cited by Comeast in its writtetr extensus(request. <br /> (iv) to the event any franchise fee payment or reconiputation amount is <br /> not made on or before the required date, Comcast shall pay, during the period <br /> such unpaid amount i owed, the additional compensation and interest charges <br /> computed from such due date,at ars annual rates of ten percent(10%), <br /> 7 <br />