R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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3. Compens�tion to the Municipality. 3.1 During the term of this Agreement, AT&T shall pay to the Municipality a fee of five percent (5%) of the Gross Revenues, as defined by Section 42.05 of the City Code, derived from AT&T's IP-enabled Video Service product delivered over the IP Network in the ROW. 3.2 The fee does not apply to revenues of products and services (including satellite- based video services) other than the IP-enabled Video Service product, or the revenues of a bundled product containing other offerings with the IP-enabled Video Service product as defined by AT&T when offered to the public. 3.3 The fee will be identified and passed through on any subscriber bill by AT&T. The fees described in this Section shall be due on a quarterly basis, thirty (30) days after the close of each quarter. 3.4 For purposes of the fee to be paid by AT&T pursuant to Section 3.1, in the case of IP-enabled Video Service that may be bundled or integrated functionally with other services, capabilities, or applications of AT&T, the fee shall be applied only to the Gross Revenues, as defined by Section 2 L. of Chapter 42 of the City Code, attributable to AT&T's IP-enabled Video Service, as reflected on the books and records of AT&T kept in the regular course of business in accordance with generally accepted accounting principles and Federal Communications Commission or Illinois Commerce Commission rules, regulations, standards, and orders, as applicable. 3.5 Within thirty (30) days of the Effective Date, AT&T shall pay in cash, to the Municipality for compensation for its legal costs in connection with this Agreement, the amount of Twenty Thousand Dollars ($20,000). This amount shall not be offset from franchise fees or any other fees or assessments due the Municipality nor otherwise be passed through to subscribers or the Municipality. 3.6 This Agreement shall not affect any requirement of AT&T with respect to payment of the Municipality's simplified municipal telecommunications tax as it applies to AT&T's telephone service. 4. Educational and Governmental Pro�rammin�. 4.1 AT&T shall provide capacity for the Municipality's noncommercial public, educational and governmental ("PEG") programming through AT&T's IP-enabled Video Service, including sufficient bandwidth capacity to carry PEG channels required by the Municipality. As of the effective date of this Agreement, the Municipality utilizes two (2) PEG channels. The Municipality may request, and AT&T shall provide, a third (3r`�) PEG channel upon 180 days advance written notice by the Municipality. The Municipality may be required to support a change in or addition to current Municipal technology now in use for PEG programming to make it compatible with AT&T's IP-enabled video technology. Any change or addition to current Municipal technology shall be paid for by AT&T, provided, however, that any such costs paid for by AT&T shall be offset against fees owed by AT&T to the Municipality pursuant to this Section. When requested, AT&T will provide, at AT&T's cost, which costs shall be offset against fees owed by AT&T to the Municipality pursuant to this Section, facilities