ADELPHIA 2 - 2005 - Laserfiche WebLink

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be required to maintain any books and records for franchise compliance purposes longer than five years. Notwithstanding any provisions to the contrary contained in this Agreement, the Grantee will not be required to disclose the books and records of any affiliate that is neither providing cable service in the franchise service area nor receiving revenue from the provision of such cable service. 9.3. Maintenance and Inspection of Records. Grantee must maintain accurate financial books and records, in conformity with generally accepted accounting principles, relating to the cable television franchise. Grantor, upon reasonable notice, has the right to inspect those records and to receive copies to the extent that information is reasonably necessary to monitor Grantee's compliance with the terms of this Agreement, or to perform Grantor's regulatory functions as they relate to this Agreement. To the extent authorized by law, and in accordance with Section 10 of this Agreement, Grantor will protect the confidentiality of information contained in Grantee's business records that are deemed by Grantee to be proprietary, and Grantor will not disclose that information to third parties without Grantee's prior written consent. 9.4. Reports of Financial and Operating Activity. (a) Not later than 90 days after the close of each fiscal year of Grantee during the term of this Agreement, Grantee must submit to the Grantor a financial report, verified by a corporate accounting manager designated by Grantee, that sets forth the gross annual cable service revenues from all sources within the franchise service area, and specifies the type and source of revenue. The report must also state the number of subscribers to each service or tier of service at the beginning and end of the period and the total of all high-speed Internet-related revenues that are excluded from franchise fee calculations. To the extent authorized by law, and in accordance with Section 10 of this Agreement, Grantor will protect the confidentiality of information contained in Grantee's business records that are deemed by Grantee to be proprietary, except as may be ordered by a court of competent jurisdiction after reasonable written notice to Grantee. Grantee will retain for at least five years all documents upon which these financial reports are based. (b) Upon Grantor's written request, Grantee must submit one or more reports concerning the following operational matters: I. A summary of outage records, including date, location, time, cause, and duration of each outage, the number of subscribers affected, and the action taken to resolve the outage. 2. Copies of all notices and promotional materials provided since the last report to subscribers or prospective subscribers. This reporting requirement will be satisfied by Grantee's creation ofa "gratis informational account" in the name of Grantor's cable administrator. 3. A detailed summary of Grantee's telephone answering statistics that includes the categories of information required by Grantor's Consumer Protection Standards referenced in Exhibit E, and that contains sufficient information to enable Grantor to determine 12097-0002\680672v19.doc -26- City of Santa Ana EXECUTION COPY 4/07/05