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6.2 <br /> <br />6.3 <br /> <br />6.4 <br /> <br />6.5 <br /> <br />SECTION 7. <br /> <br />7.1 <br /> <br />provide a formula that will produce a substantially similar fee amount to the City <br />and reimburse the City's reasonable fees and costs in reviewing and implementing <br />the formula. The City will attempt to accommodate the Company but is under no <br />franchise obligation to adopt the company-proposed franchise fee formula and <br />each review will not delay the implementation of the City-imposed fee. <br /> <br />Condition of Fee. The separate ordinance imposing the fee shall not be effective <br />against the Company unless it lawfully imposes a fee of the same or substantially <br />similar amount on the same of gas energy within the City by any other gas energy <br />supplier, provided that, as to such supplier, the City has the authority or <br />contractual right to require a franchise fee or similar fee through a previously <br />agreed upon franchise. <br /> <br />Terms Defined. The term "gross revenues" means all sums, excluding any <br />surcharge or similar addition to the Company's charges to customers for the <br />purpose of reimbursing the Company for the cost resulting from the franchise fee, <br />received by the Company from the sale of natural gas to its retail customers <br />within the corporate limits of the City. <br /> <br />Collection of the Fee. The franchise fee shall be payable not less often than <br />monthly, and shall be based on the gross revenues of the Company during <br />complete billing months during the period for which payment is to be made. The <br />percent fee may be changed from time to time; however, each change shall meet <br />the same notice requirements and the percentage may not be changed more often <br />than annually. Such fee shall not exceed any amount which the Company may <br />legally charge to its customers prior to payment to the City by imposing a <br />surcharge equivalent to such fee in rates for its gas service. The Company may <br />pay the City the fee based upon the surcharge billed subject to subsequent <br />reductions to account for uncollectibles or customer refunds. The Company <br />agrees to make its gross revenues records available for inspection by the City at <br />reasonable times. <br /> <br />Conditions on the Fee, The fee shall not be effective against the Company <br />unless it lawfully imposes and the City quarterly or more often collects a fee or <br />tax of the same or greater percentage on the receipts from sales of energy within <br />the City by any other energy supplier, provided that, as to such a supplier, the City <br />has the authority to require a franchise fee or to impose a tax. The franchise fee, <br />or tax, shall be applicable to energy sales for any energy use related to heating, <br />cooling, or lighting, as well as to the supply of energy needed to run machinery <br />and appliances on premises located within or adjacent to the City, but shall not <br />apply to energy sales for the purpose of providing fuel for vehicles. <br /> <br />INDEMNIFICATION. <br /> <br />Indemni .fy of Ci .ty. Company shall indemnify and hold the City harmless from <br />any and all liability, on account of injury to persons or damage to property <br />occasioned by the construction, maintenance, repair, inspection, the issuance of <br /> <br /> <br />