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pg. 4 of each year (see table above in 4B). If the Commencement Date is other than the first day of the year, the Annual Operating Fee shall be prorated for the initial year based upon the number of days the signs are operating in the initial year. In such event, the operating fee for the partial year that ends upon the expiration of this AGREEMENT shall similarly be prorated based upon the number of days in said final partial year and an annual rate of $329,018.98 and said payment shall be due on the date this AGREEMENT expires. D. Notwithstanding anything to the contrary herein, in the event OPERATOR is unable to operate a Digital Billboard Face for any reason, OPERATOR’S obligation to pay the Annual Operating Fee for the non-operating Digital Billboard Face to the City shall be suspended for the period of time it is not operating the Digital Billboard Face. In the event one or more Digital Billboard Faces are inoperable during all or part of any year, the Annual Operating Fee shall be prorated based upon the number of faces in operation and the number of days such faces are operating during such year. E. It is understood by the CITY that OPERATOR will rely upon a Third-Party agent with expertise in outdoor advertising (“Third Party Agent”) to sell advertising on the digital billboards. In the event OPERATOR is unable to operate the Digital Billboards because OPERATOR is unable to obtain a Third-Party Agent, OPERATOR’s obligation to pay the Annual Operating Fee shall be suspended for the period of time it does not have a Third-Party Agent, and the Annual Operating Fee shall be prorated, consistent with Section 4.D, above. 5. Past due date – Past due penalty; Late interest. A. Any OPERATOR entity or individual who fails to pay the Digital Billboards annual Operating Fee required by this AGREEMENT when due shall be subject to past due penalties and interest as set forth herein. i. OPERATOR shall be considered past due if the required Annual Operating fee is not paid by the first day of the year following the completion of any year for which it is due. ii. For failure to fully pay any part of any Annual Operating fee when due, the following past due penalty and late interest charges shall be added to the unpaid balance amount owing: 1) A past due penalty of Three Percent (3%) per month. 2) A late interest charge of One and One-Half Percent (1.5%) per month added to the unpaid balance amount owing, inclusive of any prior past due penalty or late interest charges accrued. B. Notwithstanding Section 5.A, CITY is required to send a minimum of one past due notice to OPERATOR prior to charging any penalties or late fees. City’s failure to send any such notice, bill, or invoice to OPERATOR shall not affect the validity of any Annual Operating Fee due under the provisions of this AGREEMENT. 6. Requirements for Digital Billboards.