Common use of - - -ANNUAL SUPPORT FOR PEG ACCESS Clause in Contracts

- - -ANNUAL SUPPORT FOR PEG ACCESS. (a) The Licensee shall provide funding to the Access Corporation for PEG Access purposes equal to three and one-half percent (3.5%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(24) supra, payable on a quarterly basis. (b) The first payment to the Access Corporation shall be for the period from the Execution Date of this Renewal License through the last day of the first calendar quarter of 2004 and shall constitute three and one-half percent (3.5%) of the Licensee's Gross Annual Revenues for said period, payable as follows: The Licensee shall make a one-time, advance payment in the amount of Twenty Thousand Dollars ($20,000.00) to the Access Corporation no later than forty-five (45) days of the Execution Date of this Renewal License. The Licensee’s second calendar quarterly payment, for the second quarter of 2004, shall be due and payable no later than forty-five (45) days after the end of said second quarter. As part of said second quarterly payment, the Licensee shall include a “true-up” of the first quarterly payment, based upon the actual first quarter Gross Annual Revenues. (c) The Licensee's three and one-half percent (3.5%) payments to the Access Corporation shall thereafter continue to be made on a calendar quarterly basis, no later than forty-five (45) days after the end of each said quarter, for the entire term of this Renewal License. (d) The last quarterly payment to the Access Corporation shall cover the period of January and February 2014 and up to and including March 7, 2014, and shall be made no later than April 22, 2014. (e) The Licensee shall file with each of said three and one-half percent (3.5%) quarterly payments a statement certified by an authorized representative of the Licensee documenting, in reasonable detail, the total of all Gross Annual Revenues of the Licensee during the preceding three (3) month reporting period(s), as well as a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit 4. If the Licensee's quarterly payments to the Access Corporation were less than three and one-half percent (3.5%) of the Licensee’s Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due to the Access Corporation no later than its subsequent quarterly payment. Said statement shall list all of the general categories comprising Gross Annual Revenues as defined in Section 1.1(24) supra. (f) In no case shall said three and one-half percent (3.5%) payment(s) include (i) the equipment/facilities funding required by Section 6.6 infra; (ii) the telecommunications/technology funding pursuant to Section 7.2 infra below; and/or (ii) any other fees or payments required by applicable law, pursuant to Section 7.1(c) infra. (g) There shall be no charges to the Town and/or PEG Access Users for said PEG Access annual funding. (h) Consistent with Section 622(h) of the Cable Act, any Person, including a Leased Access User, who or which distributes any Service over the Cable System for which charges are assessed to Subscribers but not received by the Licensee, shall pay the Access Corporation an amount equal to three and one-half percent (3.5%) of such Person's Gross Annual Revenues. If the Licensee collects revenues for said Person, then the Licensee shall collect said three and one-half percent (3.5%) payment on the Gross Annual Revenues of said Person and shall pay said amounts to the Access Corporation along with the Licensee's three and one-half percent (3.5%) access payments pursuant to Section 6.5(a) herein. If the Licensee does not collect the revenues for a Person that distributes any Service over the System, then the Licensee shall notify any such Person of this three and one- half percent (3.5%) payment requirement and shall notify the Town and the Access Corporation of such use of the Cable System by such Person(s). (i) In the event that the payments required herein are not tendered on or before the dates as required herein, interest due on such payments accrue from the date due at two percent (2%) above the Prime Rate.

- - -ANNUAL SUPPORT FOR PEG ACCESS. (a) The Licensee shall provide funding a quarterly payment to the Town or the Access Corporation Corporation, as designated by the Issuing Authority, for PEG Access purposes purposes, equal to three and one-half percent (3.5%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(241.1(21) supra. For the first year of this Renewal License, payable said payments shall be made on a quarterly basis. Thereafter, said payments shall be made on a semi-annual basis. (b) Said (3.5%) PEG Access payments shall be made on a quarterly basis in the first year of the License, on the following dates: (i) on June 30th for the preceding three (3) month period of March, April and May; (ii) on September 30th for the preceding three (3) month period of June, July and August; (iii) on December 31st for the preceding three (3) month period of September, October and November; and (iv) on March 31st for the preceding three (3) month period of December, January and February. The first payment to the Access Corporation hereunder shall be for the period from the Execution Date of this Renewal License through the last day of the first calendar quarter of 2004 made on September 30, 2003, and shall constitute three and one-half percent (3.5%) of the Licensee's Gross Annual Revenues for said periodthe preceding period from the Effective Date through August 31, payable as follows: The Licensee shall make a one-time, advance payment in 2003. Thereafter and for the amount of Twenty Thousand Dollars ($20,000.00) to the Access Corporation no later than forty-five (45) days remainder of the Execution Date of this Renewal License. The Licensee’s second calendar quarterly payment, semi-annual payments will be made on July 31 for the second quarter of 2004, shall be due Gross Annual Revenues received from January 1 through June 30 and payable no later than forty-five (45) days after the end of said second quarter. As part of said second quarterly payment, the Licensee shall include a “true-up” on January 31 for Gross Annual Revenues received from July 1 through December 31 of the first quarterly payment, based upon the actual first quarter Gross Annual Revenuesprior year. (c) The Licensee's three and one-half percent (3.5%) payments to the Access Corporation shall thereafter continue to be made on a calendar quarterly basis, no later than forty-five (45) days after the end of each said quarter, for the entire term of this Renewal License. (d) The last quarterly payment to the Access Corporation shall cover the period of January and February 2014 and up to and including March 7, 2014, and shall be made no later than April 22, 2014. (e) The Licensee shall file with each of said three and onesuch semi-half percent (3.5%) quarterly payments annual payment a statement certified by an authorized representative of the Licensee documenting, in reasonable detail, the total of all Gross Annual Revenues of the Licensee during the preceding three (3) month reporting period(s), as well as a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit 4. If the Licensee's quarterly payments to the Access Corporation were less than three and one-half percent (3.5%) of the Licensee’s Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due to the Access Corporation no later than its subsequent quarterly payment. Said statement shall list and listing all of the general categories comprising Gross Annual Revenues as defined in Section 1.1(241.1(21) supra. The Licensee shall also submit a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit 7. (f) In no case shall said three and one-half percent (3.5%) payment(s) include (i) the equipment/facilities funding required by Section 6.6 infra; (ii) the telecommunications/technology funding pursuant to Section 7.2 infra below; and/or (ii) any other fees or payments required by applicable law, pursuant to Section 7.1(c) infra. (g) There shall be no charges to the Town and/or PEG Access Users for said PEG Access annual funding. (hd) Consistent with Section 622(h) of the Cable Act, any Person, including a Leased Access User, who or which distributes any Service over the Cable System for which charges are assessed to Subscribers but not received by the Licensee, shall pay the Access Corporation an amount equal to three and one-half percent (3.5%) of such Person's Gross Annual Revenues. If the Licensee collects revenues for said Person, then the Licensee shall collect said three and one-half percent (3.5%) payment on the Gross Annual Revenues of said Person and shall pay said amounts to the Access Corporation along with the Licensee's three and one-half percent (3.5%) access payments pursuant to Section 6.5(a) herein. If the Licensee does not collect the revenues for a Person that distributes any Service over the System, then the The Licensee shall notify any such Person of this three and one- one-half percent (3.5%) payment requirement and shall notify the Town Issuing Authority and the Access Corporation of such use of the Cable System by such Person(s). The Licensee’s responsibility under this Section 6.4(d) ceases upon the Licensee’s completion of the notifications required under this subsection. (ie) In the event that the payments required herein are not tendered on or before the dates as required fixed herein, interest due on such payments shall accrue from the date due at two the rate of three percent (23%) above the Prime Rate.

- - -ANNUAL SUPPORT FOR PEG ACCESS. (a) The Licensee shall provide funding pay an annual Franchise Fee to the Access Corporation for PEG Access purposes in an amount equal to three and one-half five percent (3.5%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(24) supra, payable on a quarterly basis. (b) The first payment to the Access Corporation shall be for the period from the Execution Date of this Renewal License through the last day of the first calendar quarter of 2004 and shall constitute three and one-half percent (3.55%) of the Licensee's Gross Annual Revenues for less applicable License Fees payable to the Town and State, provided, however, that any fee payable to the FCC shall not be deducted from said period, five percent (5%) payment. (b) Payment of the Franchise Fee shall be made quarterly in arrears by check made payable as follows: The Licensee shall make a one-time, advance payment in the amount of Twenty Thousand Dollars ($20,000.00) to the Access Corporation no later than forty-five on the following schedule or the closest business day thereto: Due Date Quarter April 1 Fourth Quarter (45October 1 - December 31) days of the Execution Date of July 1 First Quarter (January 1 - March 31) October 1 Second Quarter (April 1 - June 30) January 1 Third Quarter (July 1 - September 30) The first Franchise Fee payment pursuant to this Renewal License. The Licensee’s second calendar quarterly payment, for the second quarter of 2004, License shall be due and payable no later than forty-five (45) days after the end of said second quarter. As part of said second quarterly paymentmade on April 1, the Licensee shall include a “true-up” of the first quarterly payment, 2000 based upon the actual first quarter Gross Annual RevenuesFourth Quarter of 1999. The final Franchise Fee payment under this Renewal License shall be made on January 1, 2010 based upon the Third Quarter of 2009. All Franchise Fee payments shall be mailed to such postal address as shall be designated by the Issuing Authority in writing to the Licensee. (c) The Licensee's three and one-half percent (3.5%) payments to the Access Corporation shall thereafter continue to be made on a calendar quarterly basis, no later than forty-five (45) days after the end of each said quarter, for the entire term of this Renewal License. (d) The last quarterly payment to the Access Corporation shall cover the period of January and February 2014 and up to and including March 7, 2014, and shall be made no later than April 22, 2014. (e) The Licensee shall file with each of said three and one-half percent (3.5%) quarterly payments payment a statement certified by an a duly authorized representative financial officer of the Licensee documenting, in reasonable detail, the total of all Gross Annual Revenues of derived by the Licensee during the preceding three (3) month reporting period(s)quarterly period or the total count of Subscribers, as well as a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit 4. If the Licensee's quarterly payments to the Access Corporation were less than three and one-half percent (3.5%) of the Licensee’s Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due to the Access Corporation no later than its subsequent quarterly payment. Said statement shall list all of the general categories comprising Gross Annual Revenues as defined in Section 1.1(24) supraappropriate. (f) In no case shall said three and one-half percent (3.5%) payment(s) include (i) the equipment/facilities funding required by Section 6.6 infra; (ii) the telecommunications/technology funding pursuant to Section 7.2 infra below; and/or (ii) any other fees or payments required by applicable law, pursuant to Section 7.1(c) infra. (g) There shall be no charges to the Town and/or PEG Access Users for said PEG Access annual funding. (hd) Consistent with Section 622(h) of the Cable Act, any Person, including a Leased Access User, who or which distributes any Cable Service over the Norfolk Cable System for which charges are assessed to Subscribers Subscribers, but not received by the Licensee, shall pay the Access Corporation Issuing Authority an amount equal to three and one-half five percent (3.55%) of such Person's Gross Annual Revenues, as a PEG Access payment, pursuant to Section 6.3(a) herein. If the Licensee collects revenues from Norfolk Subscribers for said Person, Person then the Licensee shall collect said three and one-half five percent (3.55%) PEG Access payment on the Gross Annual Revenues of said Person and shall pay said amounts to the Access Corporation Issuing Authority alone, along with but separately stated from the Licensee's three and one-half five percent (3.55%) access PEG Access payments pursuant to Section 6.5(a6.3(a) herein. If the Licensee does not collect the revenues for a Person that distributes any Cable Service over Over the Norfolk Cable System, then the Licensee shall notify any such Person of this three and one- half such five percent (3.55%) PEG Access payment requirement and shall notify the Town and the Access Corporation Issuing Authority of such use of the Norfolk Cable System by such Person(s)Person. (ie) In the event that the payments required PEG Access Fees herein required, other than that referenced in Section 6.4(e) herein, are not tendered on or before the dates as required hereinfixed in Section 6.4(a), above, interest due on such payments fee shall accrue from the date due at the rate of two percent (2%) above the Prime Rate, on the last day of business of the prior month. Any payments to the Access Corporation pursuant to this Section 6.4 (f) shall not be deemed to be part of the funding paid to the Access Corporation pursuant to Section 6.3(a) herein and shall be within the exclusion to the term "franchise fee" pursuant to Section 622(g)(2)(D) of the Cable Act (47 USC 542(g)(2)(D)). (f) To the extent that Franchise Fees are set forth as a separate line item on Subscriber bills, such itemization shall be consistent with the definition of Franchise Fees set forth in this Renewal Agreement.

- - -ANNUAL SUPPORT FOR PEG ACCESS. (a) The Licensee shall provide funding an annual payment to the Access Corporation Corporation, for PEG Access purposes purposes, equal to three and one-half five percent (3.55%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(24) supraless applicable license fees. Said annual payments shall be used for, payable on a quarterly basisamong other things, salary, operating and other related expenses connected with PEG Access programming and operations. (b) Said annual five percent (5%) PEG Access payment shall continue to be made to the Access Corporation on a quarterly basis (March 15th, June 15th, September 15th and December 15th). (c) The first payment to the Access Corporation shall be for the period from the Execution Date of under this Renewal License through the last day of the first calendar quarter of 2004 shall be made on September 15, 1998, and shall constitute three and one-half percent (3.5%) 5% of the Licensee's Gross Annual Revenues for said periodRevenues, payable as follows: The Licensee shall make a one-time, advance payment in the amount of Twenty Thousand Dollars ($20,000.00) to the Access Corporation no later than forty-five (45) days of the Execution Date of this Renewal License. The Licensee’s second calendar quarterly paymentless applicable license fees, for the second quarter of 2004, shall be due and payable no later than forty-five (45) days after the end of said second preceding quarter. As part of said second quarterly payment, the Licensee shall include a “true-up” of the first quarterly payment, based upon the actual first quarter Gross Annual Revenues. (c) The Licensee's three and one-half percent (3.5%) payments to the Access Corporation shall thereafter continue to be made on a calendar quarterly basis, no later than forty-five (45) days after the end of each said quarter, for the entire term of this Renewal License. (d) The last quarterly payment to the Access Corporation shall cover the period of January and February 2014 and up to and including March 7, 2014, and shall be made no later than April 22, 2014. (e) The Licensee shall file with each of said three and one-half percent (3.5%) such quarterly payments payment a statement certified by an authorized representative a financial officer of the Licensee documenting, in reasonable detaildetail in the form contained in Exhibit 5 attached hereto, the total of all Gross Annual Revenues of derived by the Licensee during the preceding three (3) month reporting period(s), as well as a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit 4period. If the Licensee's quarterly payments total annual payment to the Access Corporation were was less than three and one-half five percent (3.55%) of the Licensee’s its Gross Annual Revenues Revenues, less applicable license fees, for the reporting periodprevious year, the Licensee it shall pay any balance due to the Access Corporation no later than its subsequent quarterly paymentMarch 15th. Said statement shall list include all of the general categories comprising Gross Annual Revenues as defined in Section 1.1(241.1(23) supra. (f) In no case shall said three and one-half percent (3.5%) payment(s) include (i) the equipment/facilities funding required by Section 6.6 infra; (ii) the telecommunications/technology funding pursuant to Section 7.2 infra below; and/or (ii) any other fees or payments required by applicable law, pursuant to Section 7.1(c) infra. (g) There shall be no charges to the Town and/or PEG Access Users for said PEG Access annual funding. (he) Consistent with Section 622(h) of the Cable Act, any Person, including a Leased Access User, who or which distributes any Service over the Cable System for which charges are assessed to Subscribers but not received by the Licensee, shall pay the Access Corporation an amount equal to three and one-half five percent (3.55%) of such Person's Gross Annual Revenues. If the Licensee collects revenues for said Person, then the Licensee shall collect said three and one-half percent five (3.55%) payment on the Gross Annual Revenues of said Person and shall pay said amounts to the Access Corporation along with the Licensee's three and one-half five percent (3.55%) access payments pursuant to Section 6.5(a7.4(a) herein. If the Licensee does not collect the revenues for a Person that distributes any Service over the System, then the Licensee shall notify any such Person of this three and one- half five percent (3.55%) payment requirement and shall notify the Town and the Access Corporation of such use of the Cable System by such Person(s). (if) In the event that the payments required herein are not tendered on or before the dates as required fixed herein, interest due on such payments shall accrue from the date due at the rate of two percent (2%) above the Prime RateRate per month, or portions thereof.