Ord_1533 - Laserfiche WebLink

Home

i i i I (v) Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax,fee or-assessment of general applicability. (vi) The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability, Comcast shall not have or make any-claim,for any deduction or other credit of all or any part of the amount of said franchise tee payments from yr against any of said taxes or fees of general applicability, except as expressly permitted by law. Comeast shall not apply noir seek to apply a{1 or any part of the amount of said franchise 'fee payments as a deduction or other credit,from or against any of said taxes or fees of gencrat applicability,except as expressly permitted bylaw. Nor shall Comcast apple or seek to apply all.or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations,except as expressly permitted by lay. JO. The Commission will pass a resolution withdrawing or rescinding the Notice,Resolution No.201144 and.Resolution No, 2011-05 after this Settlement Agreementhas been executed by the Parties.. It. This Settlement Agreement is intended.to be a binding and enforceable agreement among the Parties,and will be effective upon execution by the parties on the date first set forth above, The Parties agree that they will execute this Settlement Agreement no later than.Friday,March 30,2012, The Parties further agree that this Agreement may be executed in multiple counterparts. 12. The Parties agree that all promises,commitments,obligations and payments set forth:in Section 1 of this Settlement Agreement shall not be deemed to exceed the franchise fee cap specified in Section 622(a)of the Cable tact,47 U.S.C. t,1' 542(a),and shall at no time be offset against or deducted from franchise-fee payments, grants or other financial support or in-kind compensation paid to the NSCC,the Member Cities and/or their deszgnee(s)tinder the 1~ranehises. :1n addition,-all promises, commitments,obligations and payments set forth in'Sectien 1 of this Settlement Agreement shall not be treated ns costs eligible for treat ment,as conditions or requirements of a franchise for any purpose under47 C,l*.R. §76.925. Comcast hereby waives any current or,future right it may have to claim,that any promise,commitment, obligation or payment in Section 1,herein exceeds the franchise fee cap in 47 UtS.C; 54 or may be offset against or deducted from franchise fee payments,grants and other compensation paid to the NSCC,the Member Cities:and/or their designee(s). 13, Nothing in this Settlement Agreement amends or alters the Franchises in any way,and alt provisions of the Franebises as hereafter renewed:or amended,remain in full force and effect and are enforceable in accordance with their terms and with applicable law. 14. Any violation of this Settlement Agreement by Comcast shall be deemed a Violation of the Franchises or any renewed franchises,as appropriate,and the i3 i I I