No acceptance by the city of any payment from franchisee shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee under the ordinance codified in this title or for the performance of any other obligation of the franchisee. Acceptance of an accord and satisfaction or release shall not occur unless or until the city shall agree to such accord and satisfaction or release in a separate writing, signed by the city. There shall be an accord and satisfaction with respect to any payment not subject to audit within thirty-six (36) months following the close of the fiscal year to which such payment relates, unless there is subsequent evidence that franchisee has engaged in fraud or has improperly withheld relevant records which relate to such payments. (Ord. 205 § 3, 2001)