ADELPHIA 2 - 2005 - Laserfiche WebLink

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(g) If a franchise fee payment is overdue by 60 days or more, Grantor may treat that delay as a material breach, subject to the provisions of Section I I of this Agreement. (h) Any itemization of franchise fees by Grantee on subscribers' bills must be in compliance with federal and state law. Itemized franchise fee revenue may not be excluded or deducted from Grantee's Gross Revenues when computing payments due to Grantor under this Agreement. (i) In accepting this franchise, Grantee acknowledges that the costs of the commitments specified in Sections 2 and 4 of this Agreement are voluntary and that these costs will not be offset against any franchise fees payable by Grantee to Grantor during the term ofthe franchise. 2.3. Payment to Grantor. (a) No acceptance of any payment by Grantor may be construed as an accord that the amount is in fact the correct amount, nor may acceptance of payment be construed as a release of any claim the Grantor may have against Grantee for any additional sums payable under the provisions of this Agreement. (b) All amounts paid are subject to independent audit and recomputation by Grantor, as provided for in Subsection 9.7. 2.4. Insurance Requirements. (a) Upon the effective date of this Agreement, Grantee, at its sole cost and expense, must obtain, and thereafter maintain for the full term of this Agreement, all ofthe following insurance coverages: I. Types of Insurance and Minimum Limits. The coverages required below may be satisfied by any combination of primary liability and excess liability policies. a. Workers' Compensation and Employer's Liability Insurance in conformance with the laws ofthe State of California. b. Grantee's vehicles, including owned, leased, or hired vehicles, must each be covered with Automobile Liability Insurance in the minimum amount of $2,000,000 combined single limit per accident for bodily injury and property damage. c. Grantee must obtain and maintain Commercial General Liability Insurance coverage in the aggregate annual amount of $2,000,000 combined single limit, including bodily injury, personal injury, and completed operation including broad form property damage. This insurance coverage must include, without limitation, contractual liability coverage adequate to meet the Grantee's indemnification obligations under this Agreement. 2. All required Commercial General Liability Insurance policies must contain an endorsement in substance as follows: 12097 -0002\6H06 72v t 9.doc -9- City of Santa Ana EXECUTION COPY 4/07/0;;