2006-013-RES-TXU - Laserfiche WebLink

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(iv.) The privilege period covered by the first quarterly payment will be the three-month period immediately following the end of the privilege period designated in the existing franchise agreement that corresponds to the last annual payment made in 2006. The privilege period for each subsequent quarterly payment will be the subsequent three-month period. (c.) For an eligible Member City that chooses to amend its franchise agreement with Electric Delivery in this manner, Electric Delivery will cease to make annual franchise fee payments after December 31, 2006. (d.) In no instance will Electric Delivery agree to payment provisions that would require payment for the same privilege period twice. (e.) The franchise amendment must extend the tenn of the amended franchise agreement for at least five years beyond its current expiration date. (f.) Since the quarterly franchise payments will correspond to a privilege period that is more than 12 months beyond the date of the payment, no franchise payments will be made during the final year of the franchise tenn unless the franchise is extended as set out herein. The amended franchise agreement will include a provision allowing Electric Delivery to elect to make one or more quarterly payments during the final year of the franchise tenn that will prepay in full the . corresponding number of quarterly franchise periods that extend beyond what would otherwise be the term of the franchise agreement. The amended franchise agreement will include a provision requiring that any subsequent franchise agreement must recognize that any quarterly payments made during the fmal year of the amended franchise agreement tenn constitute full payment for the relevant quarterly franchise periods. (g.) Unless the existing franchise agreement is due to expire within 12 months of the date this Agreement is ratified, no other changes to the franchise will be included as part of this franchise amendment. If the existing franchise agreement is due to expire within 12 months of the date this Agreement is ratified, the parties' ability to negotiate other provisions of the franchise at the time the franchise is amended to accommodate this Agreement is not so limited. 6. Each person executing this Agreement represents that he or she is authorized to sign this Agreement on behalf of the party represented. 7. The Signatories expressly acknowledge and agree that oral and written statements made by any party or its representative during the course of the negotiations that led to this Agreement cannot be used or portrayed as an admission or concession of any sort and shall not be admissible as evidence in any proceeding in any forum. Page 3