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separate contractual agreement or relieve Grantee of any <br /> other liability. <br /> ( 2 ) If any Subscriber terminates any monthly service because <br /> of failure of Grantee to render the service in <br /> accordance with Franchise, Grantee shall refund to such <br /> Subscriber the proportionate share of the charges paid <br /> by the Subscriber for the services not received. This <br /> provision does not relieve Grantee of liability <br /> established in other provisions of this Franchise. <br /> C . If any Subscriber terminates any monthly service prior to the <br /> end of a prepaid period, a proportionate amount of any <br /> prepaid Subscriber service fee, using the number of days as a <br /> basis , shall be refunded to the Subscriber by Grantee. <br /> D. Continued failure by Grantee to provide services required by <br /> this Franchise may, in the discretion of City, be cause for <br /> imposition of a penalty or termination of this Franchise . <br /> E . City reserves the right consistent with 49 U. S .C. 8552 to <br /> adopt and enforce consumer protection laws . <br /> SECTION 4 . FRANCHISE FEE, RATES AND CHARGES <br /> A. Franchise Fee . <br /> ( 1 ) Throughout the term of this Franchise, Grantee shall pay <br /> to City, within sixty ( 60 ) days after the end of each <br /> fiscal year of Grantee, an annual Franchise fee of five <br /> percent ( 5% ) of all Gross Revenues . No payment will be <br /> allowed of any Franchise fee that is different from five <br /> percent ( 5% ) , other than the filing fee and payment <br /> 35 <br />