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Attachment 1 344 Company agrees to make available for inspection by the City at reasonable times all records 345 necessary to audit the Company's determination of the franchise fee paymentsprovided that 346 the City and its designated representative agree in writing not to disclose any information 347 which would indicate the amount paid by any identifiable customer or customers or any other 348 information regarding identified customers. 349 350 10.4.Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be 351 effective against Company unless it lawfully imposes and the City monthly or more often 352 collects a fee or tax of the same or greater equivalent amount on the receipts from sales of 353 energy within the City by any other energy supplier, provided that, as to such a supplier, the 354 City has the authority to require a franchise fee or to impose a tax. The “same or greater 355 equivalent amount” shall be measured, if practicable, by comparing amounts collected as a 356 franchise fee from each similar customer, or by comparing, as to similar customers the 357 percentage of the annual bill represented by the amount collected for franchise fee purposes. 358 If the Company specifically consents in writing to a franchise or separate ordinance collecting 359 or failing to collect a fee from another energy supplier in contravention of this Section 9.5, 360 the foregoing conditions will be waived to the extent of such written consent. 361 362 10.5. Continuation of Franchise Fee.If this franchise expires and the City and the 363 Company are unable to agree upon terms of a new franchise, the franchise fee, if any being 364 imposed by the City at the time this franchise expires, will remain in effect until a new 365 franchise is agreed upon or until the franchise expiration as provided in section 2.6 above. 366 In no event shall the franchise fee continue beyond the franchise expiration as provided in 367 section 2.6 above. 368 369 SECTION 11. SERVICE RELIABILITY, INFRASTRUCTURE 370 REPORTING. 371 372 The Company and the City shall meet annually at a mutually convenient time to discuss 373 items of concern or interest raised by the City or the Company. 374 375 SECTION 12. PROVISION OF ORDINANCE. 376 377 12.1. Severability. Every section, provision, or part of this Ordinance is declared separate 378 from every other section, provision, or part; and if any section, provision, or part shall be 379 held invalid, it shall not affect any other section, provision or part. Where a provision of 380 any other City ordinance conflicts with the provisions of this Ordinance, the provisions of 381 this Ordinance shall prevail. 382 383 12.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement 384 between the City and the Company as the only parties and no provision of this franchise 385 shall in any way inure to the benefit of any third person (including the public at large) so 386 as to constitute any such person as a third party beneficiary of the agreement or of any one Qbhf!218!pg!74: