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necessary for City to send an auditor to a location outside of the City or Albemarle County to inspect Grantee's books and records, Grantee shall • be responsible for all travel costs incurred by such auditor. In the event the independent auditor determines that a discrepancy which favors City in excess of three percent (3%) exists, Grantee shall pay the auditor's full costs and expenses. In all cases, Grantee shall promptly pay all outstanding Franchise Fees subject to the terms and conditions of this Franchise. D. With each Annual Report required pursuant to Section 8.03, Grantee shall provide the City with a certification of the Gross Revenues for the preceding year prepared by a responsible financial representative of the Company. This certification shall be used to determine the exact amount of payments due the City and to correct any overpayments or underpayments by Grantee. This certification shall include statistics for only the System serving the City of Charlottesville and not any statistics which reflect a larger scope of operations that include the County of Albemarle or other similarly situated regions. To the extent it is reasonably necessary for City to send representatives to a location outside of the City or Albemarle County to inspect Grantee's books and records, Grantee shall be responsible for all travel costs incurred by City representatives. E. In the event any payment is not made on the due date, simple • interest on the amount due shall accrue from such date at the annual rate of twelve percent (12%). 10.02 Not Franchise Fees. A. Unless expressly stated herein, Grantee acknowledges and agrees that no payment or contribution shall offset the Franchise Fee. B. Grantee expressly acknowledges and agrees that, as applicable, except for the compensation payments expressly required by Section 10.01 hereof, each of the payments or contributions made by, or the Services, equipment, facilities, support, resources, or other activities to be provided by the Grantee, are within the exclusions from the term "Franchise fee" set forth in Section 622(8)(2) of the Cable Act (47 U.S.C. § 542(8)(2)). C. Grantee expressly acknowledges and agrees that the compensation and other payments to be made pursuant to this Section 10.01 of this Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability or other fees or charges which the Grantee 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 Grantee. • 30