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- 19 - <br /> <br /> with this franchise shall prevail only if upon such exercise <br /> the Grantor declares an emergency exists constituting a danger <br /> to health, safety, property or general welfare or such exercise <br /> is mandated bv law. <br /> <br /> 4.13 Franchise Fee. <br /> <br /> (a) Annual Franchise Payment. A Grantee of a <br /> <br /> franchise hereunder shall pay to the Grantor an annual fee in an <br /> amount as designated in the franchise agreement. Such payment <br /> shall commence as of the effective date of the franchise. The <br /> Grantor, if it so requests, annually shall be furnished, within <br /> sixty (60) days of the close of' the calendar year, a statement, <br /> <br /> audited and certified by a Certified Public Accountant, reflecting <br />\ <br />l. he total amounts of gross receipt and all payments, deductions <br />ahd computations for the period covered by the payment. 'Grantor <br />shall have the right to conduct an independent audit of Grantee's <br />records, and if such audit indicates a franchise fee underpayment <br />of two percent (2%) or more, the Grantee shall assume all reasonable <br />costs of such an audit. <br /> <br /> (b) AccePtance by Grantor. No acceptance of any <br /> payment by the Grantor shall be construed as a release or as an <br /> accord and satisfaction of any claim the Grantor may have for <br /> further or additional sums payable as a franchise fee under this <br /> ordinance or for the performance of any other obligation of the <br /> Grantee. <br /> <br /> (c) Fai!ure to Make Required Payment. in the event <br />tlnat any franchise payment or recomputed amount is not made on or <br /> <br />before the dates specified herein, or paid immediately upon noti- <br />fication, Grantee may be required to pay as additional compensation: <br /> <br /> <br />