GROUP W. CABLE INC.( ADELPHIA) 1B -1985

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- 23. Subsections lØ.2 and lØ.3 of said agreement are hereby deleted. 24. Subsection 13.5 of said agreement is hereby amended to read as follows: "13.5 Institutional Network Grant. As soon as rea- sonably practicable, Grantor and Grantee shall jointly select an independent consultant to develop a comprehensive plan for the utilization of the Institutional Network. Grantee shall spend up to $5ØØ,ØØØ during the three year period commencing on January 1, 1985 to pay for the cost of the comprehensive plan, the development of new public in- stitutional services and to maintain, promote and manage the Institutional Network. Grantee agrees that none of the funds so expended in said three-year period shall be included as part of any franchise fee to which Grantor is entitled." 25. On or about June 18,1984, July 25,1984 and August 25, 1984, Grantor asserted in certain correspondence that Grantee was in default of certain obligations contained in said agreement and said amendment. In said correspondence the City Manager of Grantor im- posed fines and penalties. Grantee disputes Grantor's contentions that Grantee has not complied with said agreement or said amendment. In consideration of the mutual promises contained in this agreement, Grantor hereby releases and forever discharges Grantee and its heirs, successors, assigns, officers, directors, representatives, agents and employees, and each of them, from all obligation of any and all said fines and penalties relating to matters stated in said correspondence of June 18, 1984, July 25, 1984 and August 25,1984. Grantee agrees to refrain from commencing any action, lawsuit or other proceeding against Grantor relating to matters stated in said correspondence. -17-