Ordinance No. 20544 - Laserfiche WebLink

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Section 8 . Grantee shall defend, indemnify and save harmless the City of and from any and all damages of any kind or character growing out of or arising by reason of the maintenance of the Grantee's communications facilities in the City. Section 9 . In consideration of the privileges and franchise granted, Grantee shall pay annually by February 28 each calendar year an amount equal to $4.00 per linear foot of public way used. To the extent permitted by the Oregon Public Records Law, City shall protect from public disclosure Grantee's proprietary build -out plans. Section 10 . With each franchise fee payment, Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The payment of the franchise fee shall not be credited toward the payment of property taxes or payments in lieu thereof, nor toward any sales or income tax adopted by the City, nor toward any permit fees required by the Eugene Code, 1971. City shall have the right to audit Grantee's records to verify that the franchise fee has been correctly computed and paid by Grantee. Grantee shall reimburse City for the reasonable costs of such audit if the audit discloses that Grantee has paid 95% or less of the fee owing for the period of the audit. Section 11 . Grantee shall not transfer or assign any of its rights, privileges or obligations, or any parts thereof, under this franchise without the prior written approval of City. Such consent shall not be unreasonably withheld or delayed; provided, however, that Grantee shall have the right, without City's consent, to assign or transfer this Agreement, in whole or in part, to any parent, subsidiary or affiliate of Grantee, or to any person, firm or corporation which shall control, be under the control of, or be under common control with Grantee, or to any corporation into which Grantee may be merged or consolidated or which purchases all or substantially all of the assets or stock of Grantee, and Grantee shall provide City prompt written notification of any such assignment or transfer. Section 12 . Grantee shall at all times during the period of this franchise, be subject to all lawful exercise of the police power of City, and shall comply with all applicable federal, state, and local laws, rules, ordinances and regulations. Section 13 . If Grantee fails to comply with or perform any of the requirements imposed on it by this franchise and City gives written notice specifying the nature of Grantee's default and demanding that such default be remedied within thirty (30) days from receipt of such notice, the rights and privileges granted by this franchise may be terminated and annulled by City if Grantee fails to remedy its default within such 30 -day period; provided, however, where a default cannot reasonably be cured within thirty (30) days, if Grantee shall proceed promptly to cure the same and prosecute such curing with due diligence, the time for curing such default shall be extended for such reasonable period of time as may be necessary to complete such cure. Section 14 . Nothing contained in this franchise shall give Grantee any credit against any non - discriminatory business tax or ad valorem property tax now or hereafter levied against real or personal property within City, or against any local improvement assessment imposed on Ordinance - Page 3 of 4