Section 626 Treatment. Franchisee agrees that it will not apply the Franchise Fee as an offset against the special franchise tax payable to the LFA pursuant to N.Y. Real Property Tax Law Section 626 beginning in the next full calendar month following the issuance by the NY PSC of an order confirming this agreement. The LFA agrees that it shall impose the same full and complete waiver of the special franchise tax offset upon all existing and new providers of Cable Service or cable service (as such term may be defined by other providers) in the Service Area to be expressed in writing in all existing (if amended prior to renewal) or future initial and renewal franchise agreements. Notwithstanding the above, if an existing or new cable provider uses its offset right against the special franchise tax during the term of this Agreement, then Franchisee may also use its offset right and the above waiver is no longer in effect. The operation of this Section 6.5 shall be strictly limited to Franchise Fees lawfully imposed upon Cable Service, and shall not be construed to affect the Franchisee's rights under any provision of State or Federal law regarding the provision of services other than Cable Service.
Section 626 Treatment. Franchisee agrees that it will not take a special franchise tax deduction (whether in the form of a reduction in the franchise fee amount paid to the LFAs or as a credit against the special franchise tax payable to each of the Villages of Larchmont and Mamaroneck and the Town of Mamaroneck, pursuant to N.Y. Real Property Tax Law Section 626) for the first two (2) years following the issuance by the NY PSC of an order confirming this Agreement. Thereafter, Franchisee reserves the right to apply the Franchise Fee as a deduction against the special franchise tax payable to each such LFA, pursuant to N.Y. Real Property Tax Law Section 626, in an amount not to exceed the highest deduction available to any other cable franchisee in such LFA (based upon the other cable franchisee’s yearly tax invoice payable to the LFA) until such time that the LFA obtains a written complete waiver of the full amount of the special franchise tax deduction (whether in the form of a reduction in the franchise fee amount paid to the LFA or as a credit against the special franchise tax) from such existing and any new provider of Cable Service or cable service (as such term may be defined by other providers) in the Service Area. Upon securing such written waiver from all existing and new providers of Cable Service or cable service (as such term may be defined by other providers) in the Service Area, Franchisee agrees to no longer apply the Franchise Fee as a deduction against the special franchise tax payable to such LFA, pursuant to N.Y. Real Property Tax Law Section 626 beginning in the next full calendar month after such waiver becomes legally binding on such LFA’s existing cable franchisee. The operation of this Section 6.6 shall be strictly limited to Franchise Fees lawfully imposed upon Cable Service, and shall not be construed to affect the Franchisee's rights under any provision of State or Federal law regarding the provision of services other than Cable Service.
