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<br />. <br /> <br />. <br /> <br />. <br /> <br />RESOLUTION NO. 4263 <br />PAGE FOUR OF EIGHT <br /> <br />b. North Central and the Commission <br />shall have agreed to waive any and <br />all alleged or existing claims for <br />overpayment of franchise fees <br />attributable to sales tax and/or <br />underpayment of franchise fees as <br />delineated in the Commission's audit <br />of the gross revenues of North <br />Central. North Central shall have <br />agreed and ci ty hereby agrees to <br />negotiate mutually acceptable <br />language to amend the Franchise <br />definition to "Gross Revenues" to <br />more adequately reflect the current <br />practices of North Central in the <br />calculation and payment of Franchise <br />Fees. <br /> <br />c. <br /> <br />The City hereby waives the Franchise <br />requirement that the emergency <br />override system also override audio <br />on the FM service provided to <br />subscribers. <br /> <br />d. The City hereby waives any Franchise <br />requirement that short wave signals <br />be carried on the FM band. <br /> <br />e. The City hereby agrees to hold in <br />abeyance the issue of the provision <br />of status monitoring equipment by <br />North Central, and agrees not to <br />enforce the Franchise requirement <br />for the remaining term of the <br />Franchise, with the understanding <br />that such equipment/capability will <br />be a subject for negotiation upon <br />any request for renewal of the <br />Franchise. <br /> <br />f. North Central shall have agreed to <br />amend the existing Franchise to <br />conform to this Resolution and the <br />terms of this sale and transfer of <br />control. <br />