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appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City <br />from complying with Chapter 42.56 RCW or any other applicable law or court order <br />requiring the release of public records, and the City shall not be liable to Franchisee for <br />compliance with any law or court order requiring the release of public records. The City <br />shall comply with any injunction or court order obtained by Franchisee that prohibits the <br />disclosure of any such confidential records; however, in the event a higher court overturns <br />such injunction or court order and such higher court action is or has become final and <br />non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed <br />for failure to disclose such records as required hereunder within sixty (60) days of a <br />request from the City. <br />Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City <br />shall have the right to conduct an independent audit of Franchisee's records reasonably <br />related to the administration or enforcement of this Franchise and the collection of utility <br />taxes, in accordance with GAAP. If the audit shows that tax payments have been <br />underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. <br />Section 14. Costs and Fees. <br />Section 14.1. Franchisee shall pay a one-time fee for the actual administrative <br />expenses incurred by the City that are directly related to the receiving and approving this <br />Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal <br />costs incurred in drafting and processing this Franchise, not to exceed $5,000. No <br />construction permits shall be issued for the installation of Facilities authorized until such <br />time as the City has received payment of this fee; further, this Franchise shall be <br />considered void if the fee is not paid within ninety (90) days of receipt of the invoice. <br />Franchisee shall further be subject to all permit fees associated with activities undertaken <br />through the authority granted in this Franchise or under the laws of the City. Where the <br />City incurs costs and expenses for review, inspection, or supervision of activities, <br />including but not limited to reasonable fees associated with attorneys, consultants, City <br />Staff and City Attorney time, undertaken through the authority granted in this Franchise <br />or any ordinances relating to the subject for which a permit fee is not established, <br />Page 20 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />24 <br />