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and in consideration of permission to use the streets and public ways of the <br />Grantor in the franchise territory far the construction, operation, mainten- <br />ance, and reconstruction of a cabl a common i cati an s system within the franchise <br />territory, the Grantee shall pay to the Grantor an annual amount equal to <br />five percent ~5%~ of the Grantee's gross annual revenues as defined in sec- <br />tion 3 herein. Amended by Ordinance Na. 19359, 10/14/85. <br />~2} Payment Schedule. Payments due Grantor under this provision <br />shall be computed quarterly, for the preceding quarter, as of March 31, June <br />30, September 30, and December 31. Each quarterly payment shall be due and <br />payable no later than 60 days after the dates listed in the previous sentence. <br />~3~ Late Penalty. The Grantee shall furnish to Grantor, with each <br />payment of compensation required by this section, a written statement under <br />oath, executed by an authorized agent of the Grantee, showing the amount of <br />gross annual revenues of the Grantee within the franchise territory for the <br />period covered by the payment computed on the basis set out in Subsection ~1} <br />of this section. The compensation far the period covered by the statement <br />shall be computed on the basis of the grass annual revenues so reported. If <br />the Grantee fails to pay the entire amount of compensation due the Grantor, <br />through error or otherwise, within the times allated for payment in Subsec- <br />tion ~2} above, the amount of the fee due for that quarter and not timely <br />paid shall be subject to a late penalty of an additional ten percent ~10%~ <br />plus interest of one percent ~1%~ per month on the amount of fee due and un- <br />paid from the date due until it is paid together with the late penalty. <br />~4~ verification of Amount Due. Na acceptance of any payment shall <br />be construed as an accord that the amount paid is in fact the correct amount, <br />nor shall such acceptance of payment be construed as a release of any claim <br />the Grantor may have for further or additional sums payable under the provi- <br />sions of this franchise. All amounts paid shall be subject to audit and re- <br />computation by the Grantor and all retards required. to conduct such an audit <br />Ordinance - 1~ <br />