Charges for Audits or Tests. If an inspection or audit of a cable operator’s books and records shows that the cable operator underpaid for any payment period, the cable operator shall reimburse the Town for all reasonable costs, including, without limitation, expert fees arising from the inspection or audit, and any additional inspection or audit until it is determined that the cable operator is in full compliance. If it is determined that a cable operator has not materially complied with FCC standards, the Town shall, to the extent permitted by federal law, have the right to charge all costs arising from these tests, including, without limitation, expert fees, to the cable operator until it is determined that the cable operator is in full compliance. Notwithstanding the foregoing, the obligation to pay the Town’s costs for tests of the performance of a cable system shall only arise if the Town’s test is (1) a test of an area where the cable operator has represented that it has corrected a problem, and the problem was not in fact corrected; (2) a second test of an area by the Town, where the cable operator had been notified of the problem and been given an opportunity to cure it; or (3) where the cable operator challenged the validity of a Town test, and the Town agrees to retest, and the re-test confirms the validity of the initial Town test. These charges are incidental to the enforcement of the franchise agreement, and they do not limit any right the Town may have to exercise any other remedy.
Charges for Audits or Tests. If an inspection or audit of Company’s records shows that Company underpaid the franchise fee by four percent or more for any payment period, Company shall reimburse the Town for all reasonable costs including expert fees arising from the inspection or audit, and any additional inspection or audit until it is determined Company is in full compliance. In addition, except as federal law prevents the Town from enforcing any standards, if it is determined that Company has not materially complied with FCC standards, the Town shall have the right to charge all costs arising from these tests, including expert fees, to Company until it is determined that Company is in full compliance. Notwithstanding the foregoing, the obligation to pay the Town’s costs for tests of the performance of the Cable System shall only arise if the Town’s test is (1) a test of an area where Company has represented that it has corrected a problem, and the problem was not in fact corrected; (2) a second test of an area by the Town, where Company had been notified of the problem and been given an opportunity to cure it; or (3) where Company challenged the validity of a Town test, and the Town agrees to retest, and the re-test confirms the validity of the initial Town test. These charges are incidental to the enforcement of the Franchise; they do not limit any right the Town may have to exercise any other remedy. Municipal Benefits
