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the Company, have the books and records of the Company examined by representatives of the <br />City to ascertain the correctness of the reports agreed to be filed herein. <br />C. The Company shall make available to the auditor during the Company's regular <br />business hours and upon reasonable notice, such personnel and records as the City may, in its <br />reasonable discretion, request in order to complete such audit, and shall make no charge to the <br />City therefore. <br />(1.) If as the result of any City audit, Company is refunded /credited for <br />an overpayment or pays the City for an underpayment of the <br />franchise fee, such refund /credit or payment shall be made <br />pursuant to the terms established in Sections 75. and 7.G. <br />(2.) If as a result of a subsequent audit, initiated within two years of an audit <br />which resulted in Company making a payment to the City due to an <br />underpayment of the franchise fee of more than 5 %, Company makes <br />another payment to the City due to an underpayment of the franchise fee of <br />more than 5 %, the City may immediately treat this underpayment as an <br />Uncured Event of Default and exercise the remedies provided for in <br />Section 12.C. <br />D. The Company shall assist the City in its review by responding to all requests for <br />information no later than thirty (30) days after receipt of a request. <br />E. The City agrees to maintain the confidentiality of any non - public information <br />obtained from Company to the extent allowed by law if Company identifies the information as <br />non - public prior to providing the information to the City. City shall not be liable to Company for <br />the release of any information the City is required to release by law. City shall provide notice to <br />Company of any request for release of non - public information prior to releasing the information so <br />as to allow Company adequate time to pursue available remedies for protection. If the City <br />receives a request under the Texas Public Information Act that includes Company's proprietary <br />information, City will notify the Texas Attorney General of the proprietary nature of the <br />document(s). The City also will provide Company with a copy of this notification, and thereafter <br />Company is responsible for establishing that an exception under the Texas Public Information Act <br />allows the City to withhold the information. <br />0 <br />