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SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. During the term of this Ordinance, the City may at any time impose on Company a franchise fee not to exceed four percent (4%) of the Company's gross revenues, as hereinafter defined. Such fee shall be payable monthly based on the gross revenues of the Company during the preceding month. The payment is due on the last business day of the month following the month for which payment is to be made. Such fee shall be imposed by ordinance duly adopted in accordance with the City Charter and City Code, and shall not become effective until at least ninety (90) days after written notice thereof has been served upon the Company by registered mail. The percent fee may be changed by the Council by ordinance from time to time, however, the percentage must remain unchanged for at least one year. Such fee ordinance shall not prevent the Company from adjusting its charges in such manner as it deems appropriate for the purpose or reimbursing the Company for the payments to be made to the City, nor prevent the Company from indicating on its bills the customer's portion of said fees. The term "gross revenues" means all sums, excluding said surcharge, received by the Company from the sale of Gas within the corporate limits of the City, subject to subsequent reconciliation for uncollectibles, refunds and correction of erroneous billings. The City shall impose equivalent franchise fees on other energy suppliers to the extent the City has such authority. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's 6 408686 RJ V MTJ210-164