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(5.) City agrees that it will take no action, nor cause any other person or entity to take any <br />action, to prohibit the recovery of such franchise fees by Company. <br />(6.) In the event of a regulatory disallowance of the recovery of the franchise fees on the <br />Discretionary Service Charges, Company will not be required to continue payment of such <br />franchise fees. <br />D. With each payment of compensation required by Section 7.13, Company shall <br />furnish to the City a statement, executed by an authorized officer of Company or designee, <br />providing the total kWh delivered by Company to each retail customer's point of delivery within the <br />City and the amount of payment for the period covered by the payment. <br />E. With each payment of compensation required by Section 7.C, Company shall <br />furnish to the City a statement, executed by an authorized officer of Company or designee, <br />reflecting the total amount of gross revenues received by Company from services identified in its <br />"Tariff for Retail Delivery Service," Section 6.1.2, "Discretionary Service Charges," Items DD1 <br />through DD24. <br />F. If either party discovers that Company has failed to pay the entire or correct <br />amount of compensation due, the correct amount shall be determined by mutual agreement <br />between the City and Company and the City shall be paid by Company within thirty (30) calendar <br />days of such determination. Any Company overpayment to the City through error or otherwise <br />will, at the sole option of the City, either be refunded within thirty (30) days after the overpayment <br />was determined or offset against the next payment due from Company. Acceptance by the City <br />or Company of any payment due under this Section shall not be deemed to be a waiver by the City <br />or Company of any breach of this Franchise Agreement, nor shall the acceptance by the City or <br />Company of any such payments preclude the City or Company from later establishing that a <br />larger amount was actually due or from collecting any balance due to the City or Company. <br />G. Interest on late payments shall be calculated in accordance with the interest rate <br />for customer deposits established by the Public Utility Commission of Texas in accordance with <br />Texas Utilities Code Section 183.003 as amended for the time period involved. <br />SECTION B. ACCOUNTING MATTERS. <br />A. Company shall keep accurate books of account at its principal office for the <br />purpose of determining the amount due to the City under this Franchise. <br />B. Pursuant to Section 33.008(e) of the Texas Utilities Code, the City may conduct an <br />audit or other inquiry in relation to a payment made by Company less than two (2) years before <br />the commencement of such audit or inquiry. The City may, if it sees fit, upon reasonable notice to <br />E <br />