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• Section 1-11. Collection of Utility Tax. <br />The Company and the City acknowledge that some doubt has been <br />raised over the validity of the utility tax which the City <br />requires the Company to collect. Without waiving its rights to <br />object to or contest the utility tax, the Company waives its right <br />to recover any costs incurred in collecting the tax, unless other <br />parties which collect the utility tax are provided compensation <br />for such costs. <br />Section 1-12. Availability of Books and Records. <br />The City shall have the right to inspect the books, records, <br />maps, plans and other business records of the Company applicable <br />to its Charlottesville operations during normal business hours <br />after giving advance notice reasonably sufficient to permit <br />transfer of appropriate records normally maintained outside of the <br />City; provided that where volume and convenience necessitate, the <br />Company may require inspection to take place on Company premises. <br />Section 1-13. Fiscal Reports. <br />The Company shall file annually with the City Manager, no <br />later than one hundred twenty days after the end of the Company's <br />fiscal year, a copy of a financial report applicable to its <br />Charlottesville operations, including an income statement for the <br />• preceding twelve month period, a balance sheet, and a statement of <br />its investment in such properties on the basis of original cost, <br />less applicable depreciation and identifying the method of <br />calculating such depreciation. These reports shall be certified <br />as correct by an authorized officer of the Company, and there <br />shall be submitted along with them such other reasonable <br />information as the City may request with respect to the Company's <br />properties and expenses of operations within the City. <br />Section 1-14. Transfer of Ownership or Control. <br />A. This franchise shall not be assigned, transferred, <br />leased, sublet, or mortgaged in any manner, nor shall legal or <br />equitable title thereto, or any interest therein, pass to or vest <br />in any person without the prior written consent of the City. The <br />Company may, however, transfer or assign the franchise to a <br />wholly-owned subsidiary of the Company and such subsidiary may <br />transfer or assign the franchise back to the Company without such <br />consent. Any other proposed assignee must show financial <br />responsibility as determined by the City and must agree to comply <br />with all provisions of the franchise. The City shall be deemed to <br />have consented to a proposed transfer or assignment in the event <br />its refusal to consent is not communicated in writing to the <br />Company within sixty days following receipt of written notice <br />of the proposed transfer or assignment. <br />• <br />