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TELE-VUE SYSTEMS
City of Pleasanton
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LONG TERM AGREEMENT
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TELE-VUE SYSTEMS
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11/3/2008 9:54:34 AM
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11/3/2008 9:53:36 AM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
8/20/2001
LONG TERM AGREEMENTS - NAME
TELE-VUE SYSTEMS
LONG TERM AGREEMENTS - TYPE
FRANCHISE AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
CURRENT FRANCHISE
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<br />(f) In the event that the Grantee shall, during the term of the <br />Franchise, bundle, tie or combine Cable Services (which are subject to the <br />Franchise Fee) with non-Cable Services (which are not subject to the Franchise <br />Fee) and provide the bundled, tied or combined service at a discount from the <br />sum of the rates for the individual services, then the discount shall be <br />apportioned to the Cable Service in proportion to the ratio of the total bundled <br />Cable Service and non-Cable Service price to the total unbundled Cable Service <br />and non-Cable Service price. To avoid evasion of payment of Franchise Fees, <br />and to the extent that discounts reduce revenues for the purpose of calculation <br />of the Franchise Fee due to Grantor, Grantee shall not unlawfully or unfairly <br />allocate discounts for bundled service. <br />2.3 Payment to Grantor <br />(a) Subject to applicable law, no acceptance of any payment <br />shall be construed as an accord that the amount is in fact the correct amount, <br />nor shall such acceptance of payment be construed as a release of any claim <br />the Grantor may have for further or additional sums payable under the provision <br />of this Agreement. All amounts shall be subject to audit, as authorized by <br />Section 9.2 of Ordinance No. 1829. Audits shall be limited to no more than one <br />(1) for the most recent three (3) year Franchise period; provided, that if the <br />results of the audit indicate that a significant underpayment may have occurred <br />prior to the three (3) year audit period, Grantee may extend the audit to include <br />any relevant time period. <br />(b) For the purposes of this Agreement, if the results of any <br />audit indicate an underpayment which meets the criteria defined in Section 9.2 of <br />Ordinance No. 1829, Grantee shall reimburse Grantor for the costs of the audit, <br />up to a maximum of Seven Thousand Five Hundred Dollars ($7,500). <br />5 <br />
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