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41 <br />charge and the payment of a reconnection charge, Grantee shall promptly reinstate the Subscriber’s <br />Cable Service. <br /> <br />15.2 Refunds to Subscribers shall be made or determined in the following manner: <br /> <br />(a) If Grantee fails, upon request by a Subscriber, to provide any service then being <br />provided to the Subscriber, Grantee shall promptly refund all deposits or advance charges <br />paid for the service in question by said Subscriber. This provision does not alter Grantee’s <br />responsibility to Subscribers under any separate contractual agreement or relieve Grantee <br />of any other liability that may be available under Applicable Law. <br /> <br />(b) If any Subscriber terminates any monthly service because of failure of Grantee to <br />render the service in accordance with this Franchise, Grantee shall refund to such <br />Subscriber the proportionate share of the charges paid by the Subscriber for the services <br />not received. This provision does not relieve Grantee of liability established in other <br />provisions of this Franchise. <br /> <br />SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS <br /> <br />16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay quarterly to the City <br />or its delegate a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross <br />Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee <br />ceiling established by the Cable Act, then the City shall have the authority to (but shall not be <br />required to) increase the Franchise Fee accordingly, provided such increase is for purposes not <br />inconsistent with Applicable Law. <br /> <br />(a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days following <br />the end of each quarter. Grantee shall include with each quarterly payment a Franchise <br />Fee payment worksheet, in form and substance substantially similar to Exhibit _H_, <br />signed by an authorized representative of Grantee. No acceptance of any payment shall be <br />construed as an accord that the amount paid is, in fact, the correct amount, nor shall such <br />acceptance of payment be construed as a release of any claim which the City may have <br />for further or additional sums payable under the provisions of this Section. <br /> <br />(b) Neither current nor previously paid Franchise Fees shall be subtracted from the <br />Gross Revenue amount upon which Franchise Fees are calculated and due for any period, <br />unless otherwise required by Applicable Law. <br /> <br />(c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid after <br />the due dates specified herein shall be delinquent and shall immediately begin to accrue <br />interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate <br />as quoted by the Wall Street Journal, whichever is greater. <br /> <br />16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee <br />agrees that the City or its designee, upon reasonable prior written notice of twenty (20) Days to <br />the Grantee, may review such of the Grantee’s books and records regarding the operation of the <br />Cable System and the provision of Cable Service in the Franchise Area which are reasonably <br />necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise.