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4. Gross Annual Revenues: All revenues derived by the Licensee and/or its Affiliates, calculated <br /> in accordance with Generally Accepted Accounting Principles ("GAAP")from the operation of <br /> the Cable Television System for the provision of Cable Service(s) over the Cable Television <br /> System including, without limitation:the distribution of any Service over the Cable System; <br /> Basic Service monthly fees and all other Service fees; any and all Cable Service fees and/or <br /> charges received from Subscribers; installation, reconnection, downgrade, upgrade and any <br /> similar fees; all digital Cable Service revenues; interest collected on subscriber fees and/or <br /> charges; fees paid on all subscriber fees ("Fee-on-Fee"); all Commercial Subscriber revenues; all <br /> Pay Cable, Pay-Per-View revenues; any other services now or in the future deemed to be lawful <br /> for purposes of computing Gross Annual Revenues by a court or forum of appropriate <br /> Jurisdiction;video-on-demand Cable Services; fees paid for channels designated for commercial <br /> use; home-shopping revenues; converter, remote control and other cable-related equipment <br /> rentals and/or leases and/or sales; and advertising revenues. In the event that an Affiliate <br /> and/or any other Person is responsible for advertising, advertising revenues shall be deemed to <br /> be the'pro-rata portion of advertising revenues, paid to the Cable System by an Affiliate or such <br /> other Person for said Affiliate's or other Person's use of the Cable System for the carriage of <br /> advertising. Gross Annual Revenues shall also include the gross revenue of any other Person <br /> which is received directly or indirectly from or in connection with the operation of the Cable <br /> System to the extent that said revenue is received, through a means which has the effect of <br /> avoiding payment of License Fees to the Town that would otherwise be paid herein. It is the <br /> intention of the parties hereto that Gross Annual Revenues shall only include such revenue of <br /> such Affiliates and/or Persons relating to Signal carriage over the Cable System and not the <br /> gross revenues of any such Affiliate(s) and or Person(s) itself, where unrelated to such Signal <br /> carriage. Gross Annual Revenues shall not include actual bad debt that is written off, <br /> consistent with GAAP; provided, however, that all or any part of any such actual bad debt that <br /> is written off, but subsequently collected, shall be included in Gross Annual Revenues in the <br /> period so collected. <br /> 5. Issuing Authority: the Board of Selectmen of the Town of Mashpee, Massachusetts. <br /> 6. origination Capability: An activated cable and connection to an Upstream Channel, allowing a <br /> User(s)to transmit a Signal(s) upstream to a designated,location. <br /> 7. PEG: The acronym for"public, education and government," used in conjunction with Access <br /> Channels, support and equipment/facilities. <br /> S. PEG Access Channels: any channel(s) made available for the presentation of PEG Access <br /> programming. <br /> 9. Subscriber: Any person, firm, corporation or other entity who of which elects to subscribe to, <br /> for any purpose, a Service provided by the Licensee by means of, or in connection with, the <br /> Cable Television System. <br /> 2 <br />