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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 of 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 Severabilitv. 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 written consent thereto with the City Administrator within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED,• PREVIOUS FEE ORDINANCE CONTINUED. This franchise replaces and supersedes Ordinance No. 625 and any other previous Gas franchise granted to Company or its predecessor, and continues in full force and effect Ordinance No. 950 establishing a franchise fee for year 2019. 6 591943v2MU210-164