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Attachment 1 339 necessary to audit the Company's determination of the franchise fee payments provided that 340 the City and its designated representative agree in writing not to disclose any information 341 which would indicate the amount paid by any identifiable customer or customers or any other 342 information regarding identified customers. 343 344 10.4. Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be 345 effective against Company unless it lawfully imposes and the City monthly or more often 346 collects a fee or tax of the same or greater equivalent amount on the receipts from sales of 347 energy within the City by any other energy supplier, provided that, as to such a supplier, the 348 City has the authority to require a franchise fee or to impose a tax. The “same or greater 349 equivalent amount” shall be measured, if practicable, by comparing amounts collected as a 350 franchise fee from each similar customer, or by comparing, as to similar customers the 351 percentage of the annual bill represented by the amount collected for franchise fee purposes. 352 If the Company specifically consents in writing to a franchise or separate ordinance collecting 353 or failing to collect a fee from another energy supplier in contravention of this Section 10.4, 354 the foregoing conditions will be waived to the extent of such written consent. 355 356 10.5. Continuation of Franchise Fee. If this franchise expires and the City and the 357 Company are unable to agree upon terms of a new franchise, the franchise fee, if any being 358 imposed by the City at the time this franchise expires, will remain in effect until a new 359 franchise is agreed upon or until the franchise expiration as provided in section 2.6 above. 360 In no event shall the franchise fee continue beyond the franchise expiration as provided in 361 section 2.6 above. 362 363 SECTION 11. SERVICE RELIABILITY, INFRASTRUCTURE REPORTING. 364 365 The Company and the City shall meet annually at a mutually convenient time to discuss 366 items of concern or interest raised by the City or the Company. 367 368 SECTION 12. PROVISION OF ORDINANCE. 369 370 12.1. Severability. Every section, provision, or part of this Ordinance is declared separate 371 from every other section, provision, or part; and if any section, provision, or part shall be 372 held invalid, it shall not affect any other section, provision or part. Where a provision of 373 any other City ordinance conflicts with the provisions of this Ordinance, the provisions of 374 this Ordinance shall prevail. 375 376 12.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement 377 between the City and the Company as the only parties and no provision of this franchise 378 shall in any way inure to the benefit of any third person (including the public at large) so 379 as to constitute any such person as a third party beneficiary of the agreement or of any one 380 or more of the terms hereof, or otherwise give rise to any cause of action in any person not 381 a party hereto. 9 Qbhf!219!pg!384