Laserfiche WebLink
gross revenues by any other franchised cable operator in the LFA. Any payment of franchise <br />fees to the LFA pursuant to this Article 6 shall be made on a quarterly basis and shall be due <br />forty-five (45) days after the close of each quarter. <br />7. CUSTOMER SERVICE <br />Customer Service Requirements are set forth in Exhibit B, which shall be binding unless <br />amended by written consent of the parties. <br />8. REPORTS AND RECORDS <br />8.1. Open Books and Records: Upon not less than thirty (30) business days <br />written notice to the Franchisee, the LFA shall have the right, at any time during Normal <br />Business Hours as reasonably determined by the parties, to inspect the Franchisee's books and <br />records pertaining to Franchisee's provision of Cable Service in the Franchise Area as <br />reasonably necessary to ensure compliance with the terms of this Franchise; provided, however, <br />that inspections of financial records including audits performed pursuant to Section 8.2 shall be <br />performed no more frequently than once every twenty-four (24) months. Such notice shall <br />specifically reference the section or subsection of the Franchise which is under review, so that <br />Franchisee may organize the necessary books and records for appropriate access by the LFA. <br />Franchisee shall not be required to maintain any books and records for Franchise compliance <br />purposes longer than five (5) years. Franchisee shall not be required to provide Subscriber <br />information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. <br />8.2. Audit: Inspections performed pursuant to Section 8.1 of this Agreement <br />may include an audit of all records reasonably necessary to confirm the accurate payment of the <br />PEG Capital Grant Surcharge Fee. Franchisee shall bear the LFA's reasonable, documented out- <br />of-pocket expenses of any such audit performed by a qualified, independent third -party auditor, <br />up to a maximum of five thousand dollars ($5,000), if such audit discloses an underpayment by <br />Franchisee of more than three percent (3%) of any quarterly payment and five thousand dollars <br />($5,000) or more. The LFA shall not audit Franchisee more frequently than once every twenty- <br />four (24) months and the LFA shall submit to Franchisee its complete request for records within <br />sixty (60) days of the LFA's initial notice to Franchisee that it will conduct an audit. The LFA <br />shall have no more than three (3) years from the time Franchisee delivers a payment to provide a <br />written, detailed objection to or dispute of that payment, and if the LFA fails to object to or <br />dispute the payment within that time period, the LFA shall be barred from objecting to or <br />disputing it after that time period. If upon completion of the audit, LFA does not make a claim <br />for additional payments, then LFA shall provide Franchisee with written documentation of <br />closure of the audit within sixty (60) days of the completion of the audit. If the LFA or the <br />auditor employed by the LFA does not have any open requests or claims and does not provide a <br />written documentation of closure of the audit, the audit will be deemed closed after ninety (90) <br />days of inactivity. Franchisee shall be provided a reasonable opportunity to review the results of <br />any audit and to dispute any audit results which indicate an underpayment to the LFA. In the <br />event that Franchisee disputes any underpayment discovered as the result of an audit conducted <br />by the LFA, the LFA shall work together with Franchisee in good faith to promptly resolve such <br />dispute. The LFA and Franchisee maintain all rights and remedies available at law regarding any <br />disputed amounts. The LFA may require Franchisee to pay any additional undisputed amounts <br />