Auditing and Financial Records. COMPANY shall manage all of its operations in accordance with a policy of keeping books and records open and accessible to the City. Without limiting its obligations under this Franchise, COMPANY agrees that it will collect and make available books and records for inspection and copying by the City in accordance with UPMC 4.35. COMPANY shall be responsible for collecting the information and producing it. Books and records shall be produced to the City at the City Hall or such other location as the parties may agree. Notwithstanding any provision of UPMC 4.35 or this Franchise, if documents are too voluminous or for security reasons cannot be produced at the City Hall or mutually agreeable location within the City, then COMPANY may produce the material at another central location, provided it also agrees to pay the additional reasonable costs incurred by the City in reviewing the materials. COMPANY shall take all steps required if any, to ensure that it is able to provide the City all information which must be provided or may be requested under UPMC 4.35 M:\ORD\2014\638-Exhibit A 3 or this Franchise, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require COMPANY to violate 47 USC §551. COMPANY shall be responsible for redacting any data that federal law prevents it from providing to the City. Records shall be kept for at least six years. In addition to maintaining all records as required by UPMC 4.35, COMPANY shall maintain records sufficient to show its compliance with the requirements of this Franchise and shall produce those records within 30 days of a City request. COMPANY agrees to meet with a representative of the City upon request to review its methodology of record-keeping, financial reporting, computing fee obligations, and other procedures, the understanding of which the City deems necessary for understanding the meaning of reports and records. In exercising its rights under this section, the City agrees to request access to only those books and records which it deems reasonably necessary as part of a bona fide exercise of its authority over the telecommunications system under the Franchise, UPMC 4.35, or other applicable law. The City also reserves its right to charge site specific charges for the use of City right-of- way for placement of personal wireless services equipment or facilities as provided in RCW 35.21.860(e).
Auditing and Financial Records. Throughout the term of this Franchise, the Grantee agrees that the Grantor, upon reasonable prior written notice of twenty (20) Days to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise. Grantee shall provide such requested information as soon as possible and in no event more than thirty (30) Days unless Xxxxxxx explains that it is not feasible to meet this timeline and provides a written explanation for the delay and an estimated reasonable date for when such information will be provided. All such documents pertaining to financial matters that may be the subject of an inspection by the Grantor shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minn. Stat. § 541.05. The Grantee shall not deny the Grantor access to any of the Grantee's records on the basis that the Grantee's records are under the control of any parent corporation, Affiliated entity or a third party. The Grantor may request in writing copies of any such records or books that are reasonably necessary, and the Grantee shall provide such copies within thirty (30) Days of the receipt of such request. One copy of all reports and records required under this or any other section shall be furnished to the Grantor at the sole expense of the Grantee. If the requested books and records are too voluminous, or for security reasons (at Xxxxxxx’s sole discretion) cannot be copied or removed, then the Grantee may request, in writing within ten (10) Days of receipt of such request, that the Grantor inspect them at the Grantee's local offices or at one of Xxxxxxx’s offices more convenient to Grantor or its duly authorized agent. If any books or records of the Grantee are not kept in such office and not made available in copies to the Grantor upon written request as set forth above, and if the Grantor determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by the Grantee.
