Common use of Alternative Compensation Clause in Contracts

Alternative Compensation. In the event the obligation of Operator to compensate the City through Franchise Fee payments is lawfully suspended or eliminated in whole or part, then Operator shall pay to the City compensation equivalent to the compensation paid to the City by other similarly situated users of the City’s public Rights-of-Way for Operator’s use of the City’s Rights-of-Way, provided that in no event shall such payments exceed the equivalent of five percent (5%) of Operator’s Gross Revenues (subject to the other provisions contained in this Franchise), to the extent consistent with Applicable Law.