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(C)

Franchisee shall maintain within the City, throughout the term of this Franchise Agreement, an address for service of notice by mail.  Franchisee shall notify the City of its address in a form acceptable to the City.

SECTION 29:  SUCCESSORS AND ASSIGNS

Subject to the requirements contained in Chapter 10.27.395 and Section 20 of this Agreement, this Agreement shall be binding on any successors or assigns of Franchisee.

SECTION 30:  GUARANTEE

(A)

In consideration of the grant of the Franchise Agreement to Franchisee, Franchisee’s parent guarantees, absolutely and unconditionally, the performance by Franchisee of all the obligations of Franchisee pursuant to and in accordance with all of the terms, provisions and conditions of the Franchise Agreement.  This guarantee shall continue in full force and effect until all obligations of the Franchisee under the Franchise Agreement shall have been fully satisfied and discharged.

(B)

Franchisee further covenants that in consideration for the grant of the Franchise Agreement, it will, at its sole cost and expense, indemnify, save and hold harmless and defend the City in accordance with Section 10.27.320 of Chapter 10.27.

SECTION 31:  CUSTOMER SERVICE STANDARDS

(A)

Franchisee shall satisfy the consumer protection and service standards as outlined in Section 10.27.700 of Chapter 10.27. during the Franchise Agreement term.

(B)

Late Fees.  For purposes of this section any assessment, charge, cost, fee or sum, however characterized, that the Franchisee imposes upon a Subscriber for late payment of a bill is a late fee and shall be subject to the following provisions:

(1)

No such fee may be imposed until thirty (30) days have passed from the date a Subscriber bill is sent and the payment amount due has not been paid on such bill.  Such fee may not exceed Five and No/100 Dollars ($5.00) per such bill.

(2)

No fee beyond that permitted by subparagraph (a) of this section may be imposed until forty-five (45) days have passed from the date a Subscriber bill is sent and the payment amount due has not been paid on such bill.  Any such fee may not exceed the Franchisee’s reasonable costs associated with late payment including, but not limited to, the fairly allocated costs of personnel.

(3)

For the purposes of subparagraphs (a) and (b) of this section, a Subscriber payment shall be considered to have been paid on the day that it is received by the Franchisee or the Franchisee’s agent (e.g., a currency exchange designated by the Franchisee).

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