The City, including the City’s Auditor or his/her authorized representative, shall have access to, and the right to inspect, any books and records of grantee, and its parent corporations and affiliates which are reasonably related to the administration or enforcement of the terms of this franchise. Grantee shall not deny the City access to any such records on the basis that grantee’s records are under the control of any affiliate or a third party. The City may, in writing, request copies of any such records required under this Article
7 and grantee shall provide such copies within 45 days of the receipt of such request. One copy of all reports and records required under this or any other subsection shall be furnished to the City, at the sole expense of grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then grantee may request, in writing within 30 days of receipt of City’s written request, that the City inspect them at grantee’s local offices. If any books or records of grantee are not kept in a local office and not made available in copies to the City upon written request as set forth above, and if the City reasonably determines that an examination of such records is necessary or appropriate for the performance of any of the City’s administration or enforcement of this franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by grantee.
The City agrees to treat as confidential any books or records
that constitute proprietary or confidential information under federal
or State law, to the extent grantee makes the City aware of such confidentiality.
Grantee shall be responsible for clearly and conspicuously stamping
the word “Confidential” on each page that contains confidential
or proprietary information, and shall provide a brief written explanation
as to why such information is confidential under State or federal
law. If the City believes it must release any such confidential books
and records in the course of enforcing this franchise, or for any
other reason, it shall advise grantee in advance so that grantee may
take appropriate steps to protect its interests. If the City receives
a demand from any person for disclosure of any information designated
by grantee as confidential, the City shall, so far as consistent with
applicable law, advise grantee and provide grantee with a copy of
any written request by the party demanding access to such information
within a reasonable time. Until otherwise ordered by a court or agency
of competent jurisdiction, the City agrees that, to the extent permitted
by State and federal law, it shall deny access to any of grantee’s
books and records marked confidential as set forth above to any person.
Grantee shall reimburse the City for all reasonable costs and attorneys’
fees incurred in any legal proceedings pursued under this article
to protect the confidentiality of grantee’s records.
Upon written request, but no more often than annually, grantee
shall submit to the City a written report, in a form reasonably acceptable
to the City, which shall include, but not necessarily be limited to,
a summary of the previous year’s activities in the development
of the cable system, including, but not limited to, cable services
begun or discontinued during the reporting year.
Upon reasonable written request, grantee shall submit to the
City copies of all pleadings, applications, notifications, communications
and documents of any kind, submitted by grantee or its parent corporation(s),
to any federal, State or local courts, regulatory agencies and other
government bodies if such documents directly relate to the operations
of grantee’s cable system within the City. Grantee shall submit
such documents to the City no later than 30 days after receipt of
written request. Grantee shall not claim confidential, privileged
or proprietary rights to such documents unless under federal, State,
or local law such documents have been determined to be confidential
by a court of competent jurisdiction, or a federal or State agency.
With respect to all documents provided to any federal, State, or local
regulatory agency as a routine matter in the due course of operating
grantee’s cable system within the City, grantee shall make such
documents available to the City upon reasonable written request.
The failure or neglect of grantee to file any of the reports
or filings required under this franchise (not including clerical errors
or errors made in good faith) may, at the City’s option, be
deemed a material breach of this franchise.
Any false or misleading statement or representation in any report
required by this franchise (not including clerical errors or errors
made in good faith) may be deemed a material breach of this franchise
and may subject grantee to all remedies, legal or equitable, which
are available to the City under this franchise or otherwise.