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234 <br /> <br />made within thirty (30) days after the County furnishes <br />the franchisee with a written statement of such expenses. <br /> <br />8.2 <br /> <br />Payment to the County: As compensation for the authorization <br />granted herein and in consideration for permission to use <br />the easements which the County controls for the construction, <br />operation, and maintenance of a CATV system within the <br />County, the franchisee shall pay to the County quarterly on <br />or before the first day of July, October, January, and <br />April for the preceding quarter an amount equal to three (3) <br />percent of the gross revenues. This payment shall be in <br />addition to any other fees or payments made to the County <br />by the franchisee, such as pole rental, business licenses <br />and other fees not based on gross revenues. Should the <br />FCC regulations be amended in the future to allow the County <br />to receive a fee from its franchisee from other than the <br />previously mentioned revenues, then the franchisee <br />shall immediately commence making such additional payments <br />to the County as are authorized to the full extent of such <br />authorization. Payment shall be accompanied by a certified <br />report showing the basis for the computation and such other <br />relevant facts as may be required by the County. No <br />acceptance of any payment shall be construed as an accord <br />that the amount paid is, in fact, the correct amount, nor <br />shall such acceptance of payment be construed as a release <br />of any claim the County may have for further or additional <br />sums payable under the provisions of this ordinance. Ail <br />amounts paid shall be subject to recomputation by the <br />County within sixty (60) days of the receipt of the franchisee's <br />annual report. This time limitation shall not apply should <br />the franchisee provide false or erroneous information. In <br />the event that recomputation results in additional revenue to <br />be paid to the County, such amount shall be subject to an <br />interest charge at the highest rate permitted by law. Nothing <br />in this provision shall limit franchisee's liability to pay <br />other local taxes and charges. <br /> <br />Insurance, Penalties, and Enforcement <br /> 9.1 Remedies for Breach and Contravention of Franchise: A <br /> breach by the franchisee of the franchise agreement, in <br /> addition to constituting a breach of contract, shall constitute <br /> a violation of this ordinance. The cost of any litigation <br /> incurred by the County to enforce this' ordinance or the <br /> franchise granted pursuant hereto, or the franchise agreement <br /> or in relation thereto, or in relation to the cancellation or <br /> termination of a franchise, shall be reimbursed to the <br /> County by the franchisee. Such costs shall include filing <br /> fees, costs of depositions, discovery, and expert witnesses, <br /> all other expenses of suit, and a reasonable attorney's fee. <br /> <br />Violation of material provisions of this ordinance shall <br />subject the franchisee to the following penalties: <br /> <br />(a) Failure of the franchisee to meet performance standards, <br />as determined by the County Manager, to which it has <br />agreed, may result in a rebate of rates or charges to <br />subscribers affected, provided that the County Manager <br />shall provide ten (10) days written notice of the failure <br /> <br /> <br />