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Nothing herein shall limit the Company's right to challenge such assessment or the City's • decision on appeal, in a court of competent jurisdiction. ARTICLE VIII SECTION 801 COMPENSATION/PROW USE FEE. The City reserves the right to impose at any time on the Company consistent with Section 253(c) of the Communications Act of 1934, as amended: (a) a PROW Use Fee in accordance with Section 56-468.1(G) of the Code of Virginia, and/or (b) any other fee or payment that the City may lawfully impose for the occupation and use of the Streets. The Company shall be obligated to remit the PROW Use Fee and any other lawful fee enacted by the City, so long as the City provides the Company and all other affected certificated providers of local exchange telephone service appropriate notice of the PROW Use Fee as required by Section 56-468.1(G) of the Code of Virginia. If the PROW Use Fee is eliminated, discontinued, preempted or otherwise is declared or becomes invalid, the Company and the City shall negotiate in good faith to determine fair and reasonable compensation to the City for use of • the Streets by the Company for Telecommunications. SECTION 802 FRANCHISING COSTS Prior to the execution of this Ordinance, the City incurred costs for the services of third parties (including, without limitation, attorneys and other consultants) in connection with the award of this telecommunications Franchise. Within thirty (30) days after receipt from the City of an invoice for such costs, the Company shall pay at such time and in such manner as the City shall specify to the City or, at the direction of the City, to third parties an amount equal to the costs the City incurs for the services of such third parties. Payment by Company of such franchising costs shall not in any way be offset nor deducted from applicable PROW use fees required pursuant to Section 801 herein. In the event of any renewal, renegotiations, transfer, amendment or other modification of this Ordinance or the Franchise, the Company will reimburse the City in the same manner for such third party costs, if any are incurred The Company's obligations under this Section shall not exceed two thousand five hundred dollars ($2500.00). SECTION 803 NO CREDITS OR DEDUCTIONS The compensation and other payments to be made pursuant to Article VIII: (a) shall not be deemed to be in the nature of a tax, and (b) except as may be otherwise provided by Section 56- 468.1 of the Code of Virginia, shall be in addition to any and all taxes or other fees or charges that the Company shall be required to pay to the City or to any state or federal agency or • authority, all of which shall be separate and distinct obligations of the Company. Page 13