§ 9-82. Village's right to inspect records.

If the Village wishes to verify the payments due to the Village under this section, the Telecommunications Company shall permit the Village or a designated representative of the Village, upon reasonable advance Written notice, and during normal business hours at the location of the Telecommunications Company where such records are maintained in the Village, at another location satisfactory to the Village, or elsewhere pursuant to (1) or (2) below, to review or audit the Telecommunications Company's billing and payment records kept in the ordinary course of business upon which the payments were based. If a Telecommunications Company's records are not maintained in the Village, the Telecommunications Company shall either:

(1)

Pay all reasonable expenses, including travel, following the provisions of F.S. subsections 112.061(6), (7) and (8), (2000), to the Village for the Village to have a review or audit performed; or

(2)

Provide the Village with access to copies of the Telecommunications Company's records in the Village or within 50 miles of the Village or by an electronic method satisfactory to the Village.

However, without the specific Written consent of a Telecommunications Company's audit representative, no company records may be duplicated or taken from the Telecommunications Company's premises, and the Village shall maintain the confidentiality of the information disclosed in these records to the extent permitted by applicable law and shall use the information solely for the purposes of verifying payments by the Telecommunications Company. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the Village may have for sums due and payable under this article unless the Village agrees in Writing. In the event that the Village, pursuant to final audit findings, determines that there exists a difference between the amount due to the Village and the amount paid to the Village, indicating an underpayment to the Village, in excess of five percent of the amount due, such Telecommunications Company shall pay all reasonable costs, fees and expenses of the audit.