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4.2 Terms Defined. The term "gross revenues" means all <br /> sums received by the Company from the sale of gas to its retail <br /> customers within the corporate limits of the City. Gross revenues <br /> excludes any surcharge or similar addition to the Company's charges to <br /> customers for the purpose of reimbursing the Company for the cost <br /> resulting from the franchise fee. <br /> 4.3 Collection of the Fee. The franchise fee shall be payable <br /> monthly, and shall be based on the gross revenues of the Company <br /> during the preceding month. The payment is due on the last business <br /> day of the month following the month for which payment is to be made. <br /> the percent fee may be changed by ordinance from time to time; <br /> however, each change shall meet the same notice requirements and the <br /> percentage may not be changed more often that annually. Such fee <br /> shall not exceed any amount which the Company may legally charge its <br /> customers prior to payment to the City by imposing a surcharge <br /> equivalent to such fee in its rates for gas service. The time and manner <br /> of collecting the franchise fee is subject to the approval of the Public <br /> Utilities Commission, which the Company agrees to use best efforts to <br /> obtain. The Company agrees to make its gross revenues records <br /> available for inspection by the City at reasonable times. <br /> SECTION 5. INDEMNIFICATION <br /> 5.1 Hold Harmless. The Company shall indemnify, keep and <br /> hold the City, its elected officials, officers, employees, and agents free <br /> and harmless from any and all claims and actions on account of injury <br /> or death of persons or damage to property occasioned by the <br /> construction, maintenance, repair, removal, or operation of the <br /> Company's property located in, on, over, under or across the Public <br /> Ground of the City, unless such injury or damage is the result of the <br /> negligence of the City, its elected officials, employees, officers, or <br /> agents. The City shall not be entitled to reimbursement for its costs <br /> incurred prior to notification to the the Company of claims or actions and <br /> a reasonable opportunity for the Company to accept and undertake the <br /> defense. <br /> 7 <br />