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Service revenue no less than a pro rata share of the revenue received for the bundled or <br /> combined services. The pro rata share shall be computed on the basis of the published <br /> charge for each service in the bundled or combined classes of services when purchased <br /> separately. <br /> (b) Each Franchise Fee payment shall be paid quarterly not later than thirty <br /> (30) days following the end of a given quarter and each payment shall be accompanied by <br /> the Franchise Fee Payment Worksheet in the form attached hereto as Exhibit H. <br /> (c) Except as otherwise provided by law, no acceptance of any payment by <br /> the City shall be construed as a release or as an accord and satisfaction of any claim the <br /> City may have for further or additional sums payable as a Franchise Fee under this <br /> Franchise or for the performance of any other obligation of the Grantee. <br /> (d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid <br /> more than thirty (30) days after the end of a given quarter shall be delinquent and shall <br /> immediately thereafter accrue simple interest at twelve percent (12%) per annum. <br /> Enforcement of unpaid Franchise Fees shall be handled in accordance with Section 9(7), <br /> however, Grantee shall in all cases be subject to interest on any payment more than thirty <br /> (30) days after the end of a given quarter. <br /> (e) Upon ten (10) days prior written notice, City shall have the right to <br /> conduct an independent audit of Grantee's records. If such audit indicates a Franchise <br /> Fee underpayment of five percent (5%) or more of the Franchise Fee due, the Grantee <br /> shall assume all of City's out-of-pocket costs associated with the conduct of such an <br /> audit. Grantee shall remit to City all applicable Franchise Fees and PEG fees due and <br /> payable together with all accrued interest as set forth in paragraph 7.1 (d) above within 30 <br /> days of receiving the audit statement. <br /> (f) Grantee acknowledges and agrees that the Franchise Fees payable by <br /> Grantee to City pursuant to this section shall take precedence over all other material <br /> provisions of the Franchise and shall not be deemed to be in the nature of a tax, and shall <br /> be in addition to any and all taxes of general applicability and other fees and charges <br /> which do not fall within the definition of a Franchise Fee under 47 U.S.C. § 542. <br /> (g) Grantee shall not apply or seek to apply all or any part of any taxes, fees <br /> or assessments of general applicability levied or imposed by the City or (including any <br /> such tax, fee or assessment imposed on both utilities and cable operators or their services) <br /> that do not fall within the definition of a Franchise Fee under 47 U.S.C. § 542 as a <br /> deduction or other credit from or against any of the Franchise Fees or other payments or <br /> contributions to be paid or made by Grantee to City pursuant to this Franchise which <br /> shall be deemed to be separate and distinct obligations of Grantee. <br /> (2) Periodic Evaluation, Review and Modification. City and Grantee acknowledge <br /> and agree that the field of cable television is rapidly changing and one which may see many <br /> regulatory, technical, financial, marketing and legal changes during the term of this Franchise. <br /> Therefore, in order to provide for the maximum degree of flexibility in this Franchise, and to <br /> 171276 15 <br />