County Options. The County shall have the right to discontinue receipt of all or any portion of Complimentary Service provided by Franchisee in the event Franchisee elects to offset or impose a charge against the County for the value of such services as provided in Section 6.2. The County also shall have the option of (I) requesting that Franchisee apply a nondiscriminatory charge, not to exceed the greater of Franchisee's marginal cost of providing the respective Complimentary Service, or (ii) another amount expressly permitted by applicable law, to the fullest extent permissible under applicable law, of providing the respective Complimentary Service (the "Applicable Cost Charge"), as an offset against its franchise fee payments; or (2) paying Franchisee the Applicable Cost Charge directly. The Franchisee shall provide the County with supporting information as may be reasonably necessary to substantiate Franchisee's calculation of the Applicable Cost Charge of any Complimentary Service at least thirty (30) days before imposing any such charge, and shall respond promptly to requests for information from the County regarding such calculations and information. Franchisee and the County do not waive any rights under applicable law regarding Complimentary Service.
County Options. The County shall have right to discontinue receipt of all or any portion of Complimentary Service provided by Franchisee in the event Franchisee elects to offset or impose a charge against the County for the value of such services as provided in Section 7.2. The County also shall have the option of (i) requesting that Franchisee apply a nondiscriminatory charge, not to exceed Franchisee’s marginal cost of providing the respective Complimentary Service (the “Marginal Cost Charge”), as an offset against its franchise fee payments; or (ii) paying Franchisee the Marginal Cost Charge directly. The Franchisee shall provide the County with all the calculations and supporting information used by Franchisee in calculating the Marginal Cost Charge of any Complimentary Service at least sixty (60) days before imposing any such charge, and shall respond promptly to requests for information from the County regarding such calculations and information. Franchisee and County do not waive any rights under applicable law regarding Complimentary Service.
County Options. The County shall have right to discontinue receipt of all or any portion of Complimentary Service a provided by Franchisee in the event Franchisee elects to offset or impose a charge against the County for the value of such services as provided in Section 6.2. The County shall have the option of (1) requesting that Franchisee apply its regular and nondiscriminatory market rate as an offset against its franchise fee payments; or (2) paying Franchisee directly. Franchisee and County do not waive any rights under applicable law regarding Complimentary Service.
County Options. Upon receipt of the notice described above, the County shall have the right to discontinue receipt of all or any portion of Complimentary Service provided by Franchisee. The County also shall have the option of paying Franchisee the marginal cost identified in the Franchisee's notification. The Franchisee shall provide the County with all the calculations and supporting information used by Franchisee in calculating the marginal cost charge of any Complimentary Service at least sixty (60) days before imposing any such charge, and shall respond promptly to requests for information from the County regarding such calculations and information. Franchisee and County do not waive any rights under applicable law regarding Complimentary Service.
