Google Fiber - ROW License Agreement - 07.21.2025 - FE
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Google Fiber Contract No. n233626 EXECUTION VERSION Broadband Franchise Agreement Between City of Smyrna, GA and Google Fiber Georgia, LLC | 6 5.1. Franchise Fee. Franchisee will pay City a Franchise Fee equal to two percent (2%) of Gross Revenues for a calendar quarter, remitted within 45 days of the end of each calendar quarter, commencing on the Effective Date. The payment will be accompanied by a report showing the basis for the computation and such other relevant facts as may be required by the City to determine the accuracy of the payment. 5.1.1. As used herein, "Gross Revenues" means all consideration of any kind or nature, including without limitation, cash, credits, property, and in- kind contributions (services or goods) derived by Franchisee from the provision of Broadband Services using the FTTP Network. Gross Revenues will include all consideration paid to Franchisee or its direct parent's subsidiaries, solely to the extent any such entity offers Broadband Services that are provided through Network Facilities located at least in part in Public ROW. Gross Revenues include but are not limited to: (i) all fees charged to end-user customers for Broadband Services provided through Network Facilities located at least in part in Public ROW; and (ii) any fee or cost imposed on Franchisee by this Agreement, whether or not Franchisee chooses to separately itemize the fee or cost on its bills to end-user customers (including without limitation the Franchise Fee set forth in this Agreement). 5.1.2. For the purposes of this section, Gross Revenues does not include: (i) any revenue not actually received, even if billed, such as bad debt; (ii) refunds, rebates, or discounts made to end-user customers, or City; (iii) revenue derived from the sale of Services for resale in which the purchaser is required to collect and remit similar fees to the City; (iv) revenue derived from the provision of Services to end-user customers where none of the Network Facilities, or any other facilities of Franchisee or any affiliate, that are used to provide such Services are located in Public ROW; (v) any forgone revenue from Franchisee's provision of Services to customers at no charge if required by state law; (vi) any revenue derived from advertising; (vii) any revenue derived from rental of modems, or other equipment used to provide or facilitate the provision of the Services; (viii) any revenue derived from referral or marketing agreements with third party providers of online services which Franchisee may make