Ordinance 625 - Laserfiche WebLink

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. . . energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or impose a tax. 44 Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amOlmt which the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refimds incurred by the Company. The Company agrees to make available for inspection by the City at reasonabletimes all records necessmy to audit the Company's detennination of the franchise fee payments. SECTION 5. INDEMNIFICATION. 5.1. Tenns. The Company shall defend, indemnifY and hold harmless the City from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: 5.1.1. Alleges a negligent or otherwise wrongful act or omission of the Company or its employee, agent or independent contractor in installing, maintaining, operating or repairing the Company's Facilities; and alleges that the City is liable, without alleging any independent negligent or otherwise wrongful, act or omission on the part of the City, or 5.1.2. Is based on the City's negligent or otherwise wrongful act or omission in issuing a permit or in :fulling to properly or adequately inspect or enforce compliance with a tenn, condition, or purpose of the pennit granted to the Company. 5.2. Litigation If a suit is brought against the City lUlder circumstances where the agreement in this Section 5 to indemnifY applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is given to the Company within a reasonable period. Notice by the City of a claim or action promptly given to the Company within a period wherein the Company is not pr~diced by the lack of notice, constitutes a reasonable period. The City shall not be entitled to reimbursement for its costs incurred prior to notification of the Company of the claims or actions. The Company will thereafter have control of the litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld. This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; or to the Company. In defending any action on behalf of the City, the Company shall have available to it every defense or immunity that the City could assert in its own behalf SECTION 6. LIMITATIONS ON APPLICABILITY. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficia1y of the agreement or of anyone or more of the terms hereo~ or otherwise give rise to any cause of action for any person not a party hereto. SECTION 7. ASSIGNMENT. The Company, upon notice to the City shall have the right and authority to assign all rights conferred upon it by this franchise to any person The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. JMS-162951 MU210-14