(a) Open Records. The Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the Grantor. The Grantor shall have access to, and the right to inspect, any books and records of the Grantee, its parent corporations and affiliated entities which are reasonably related and necessary to the administration or enforcement of the terms of this franchise. The Grantee shall not deny the Grantor access to any such records on the basis that the Grantee’s records are under the control of any parent corporation, affiliated entity or a third party. The Grantor may, in writing, request copies of any such records or books, and the Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One (1) copy of all reports and records required under this or any other Section shall be furnished to the Grantor. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then the Grantee may request, in writing within ten (10) days of receipt of request, that the Grantor inspect them at the Grantee’s local offices. If any books or records of the Grantee are not kept in a local Weld County office and not made available in copies to the Grantor upon written request as set forth above, and if the Grantor determines that an examination of such records is necessary or appropriate to the performance of any of the Grantor’s duties, administration or enforcement of this franchise, then all reasonable travel and maintenance expense(s) incurred in making such examination shall be paid by the Grantee.

(b) Confidentiality. The Grantor agrees to treat as confidential any books and/or records that constitute proprietary or confidential information under federal or state law, to the extent the Grantee makes the Grantor aware of such confidentiality. The Grantee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential under state or federal law. If the Grantor believes it must release any such confidential books and records in the course of enforcing this franchise, or for any other reason, it shall advise the Grantee in advance so that the Grantee may take appropriate steps to protect its interests. If the Grantor receives a demand from any person for disclosure of any information designated by the Grantee as confidential, the Grantor shall, so far as consistent with applicable law, advise the Grantee and provide the Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by state and federal law, it shall deny access to any of the Grantee’s books and records marked confidential as set forth above to any person.

(c) Records Required.

(d) Annual Reports. Within sixty (60) days after the close of the Grantee’s fiscal year, and upon the written request of the Grantor, the Grantee shall submit to the Grantor a written report, in a form acceptable to the Grantor, which may include, but not necessarily be limited to, the following information for the franchise area:

(e) Plant Survey Report. If the Grantor has reason to believe that portions or all of the cable system do not meet the FCC technical standards incorporated into this franchise, at the Grantor’s request, but not more often than once per year, the Grantee and the Grantor shall agree upon the appointment of a qualified independent engineer to evaluate and verify the technical performance of the cable system. If the independent engineer determines that the cable system fails to meet FCC standards, the Grantee shall reimburse the Grantor for all costs of the evaluation.

(f) Copies of Federal and State Reports. Upon written request, the Grantee shall submit to the Grantor copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee or its parent corporation(s), to any federal, state or local courts, regulatory agencies and other government bodies if such documents specifically relate to the operations of the Grantee’s cable system within the franchise area. The Grantee shall submit such documents to the Grantor no later than thirty (30) days after receipt of written request. The Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, state or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. The Grantee shall provide the Grantor a list of any such filings annually within sixty (60) days of the end of the year. With respect to all documents provided to any federal, state or local regulatory agency as a routine matter in the due course of operating the Grantee’s cable system within the franchise area, the Grantee shall make such documents available to the Grantor upon the Grantor’s written request.

(g) Inspection of Facilities. The Grantor may inspect any of the Grantee’s facilities and equipment at any time during usual business hours, upon at least twenty-four (24) hours’ notice, or, in case of emergency, upon demand without prior notice.

(h) False Statements. Any intentional false or misleading statement or representation in any report required by this franchise may be deemed a material breach of this franchise and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under this franchise or otherwise. (Ord. 731 § 1, 2004)