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<br />question by said subscriber. This provision does not <br />alter Grantee's responsibility to subscribers under" <br />any separate contractual agreement or relieve <br />Grantee of any other liability. <br /> <br />( <br /> <br />(2) If any subscriber terminates any monthly service <br />because of failure of Grantee to render the service <br />in accordance with the Franchise, Grantee shall <br />refund to such subscriber the proportionate share of <br />the charges paid by the subscriber for the services <br />not received. This provision does not relieve <br />Grantee of liability established in other provisions of <br />this Franchise. <br /> <br />C. If any subscriber terminates any monthly service prior to the <br />end of a prepaid period, a proportionate amount of any prepaid <br />subscriber service fee, using the number of days as a basis, shall <br />be refunded to the subscriber by Grantee. <br /> <br />D. Continued failure by Grantee to provide services required by <br />this Franchise may, in the discretion of City, be cause for <br />imposition of a penalty or termination of this Franchise. <br /> <br />SECTION 4. FRANCHISE FEE, RATES, CHARGES, CHANGES IN FEES AND <br />PROCEDURES <br /> <br />A. Rate Change Procedure. <br /> <br />(I) To the extent permitted by law, all increases in <br />subscriber rates and charges shall be charged by <br />Grantee in a manner provided for herein. Grantee, <br />as a condition precedent to its acceptance of this <br />Franchise hereby knowingly and voluntarily consents <br />to these procedures for the term of this Franchise of <br />all rates and charges. <br /> <br />l <br /> <br />(2) City hereby reserves the right to approve or adopt <br />regulations governing Grantee's collection of <br />advance charges and deposits; installation and <br />reconnect ion charges, policies and procedures; <br />disconnection charges, policies and procedures; and <br />policies regarding the availability of refunds. <br />Approval of City shall not be unreasonably withheld <br />or delayed. <br /> <br />(3) Cost for installing any part of the System will be a <br />factor in the rate only if such cost was incurred <br />within the rate territory. <br /> <br />(4) The territory for rates applicable to System shall be <br />City and all Cities which have granted a Franchise <br />to Grantee relative to the System delineated in the <br /> <br />- 31 - <br />