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<br />A-2005-130 <br /> <br />SETTLEMENT AGREEMENT <br /> <br />This Settlement Agreement is entered into this ;;{t1ol day of }Llit~iCiI' 2005, by and <br />between the CITY OF SANTA ANA, CALIFORNIA ("City"), a California mu icipal <br />corporation, and ADELPHIA CABLEVISION OF SANTA ANA, L.L.C ("Adelphia"), a <br />Delaware limited liability company. <br /> <br />WHEREAS, Adelphia is a debtor and debtor-in-possession in a case under chapter <br />11 of title 11 of the United States Code, which is pending in the United States Bankruptcy <br />Court for the Southern District of New York; and <br /> <br />WHEREAS, City and Adelphia executed a cable television franchise agreement on <br />June 21, 1982, ('Franchise Agreement"); and <br /> <br />WHEREAS, City has alleged that Adelphia was in non-compliance with certain <br />provisions of the City's customer service standards in connection with the Franchise <br />Agreement; and <br /> <br />WHEREAS, City has conducted a franchise fee audit for the period January 1, 2002, <br />through December 31,2004, and has alleged that certain unpaid franchise fees are owed <br />relating to such period; and <br /> <br />WHEREAS, Adelphia has disputed certain allegations of the City; and <br /> <br />WHEREAS, concurrently with the adoption of a renewed franchise agreement <br />between City and Adelphia (" Renewed Franchise Agreement"), the parties have determined <br />to settle the aforesaid non-compliance issues and franchise fee audit issues upon the terms <br />and conditions set forth below; <br /> <br />NOW THEREFORE, in consideration of the following promises and conditions and for <br />other good and valuable consideration, the parties to this Settlement Agreement agree to be <br />bound by the following specific conditions: <br /> <br />1. City hereby releases Adelphia and waives any and all claims, as such term is defined <br />in 11 U.S.C. ~1 01 (5), it has against Adelphia, its successors, affiliates, directors, <br />officers, employees, attorneys, agents, and representatives regarding issues of non- <br />compliance with the customer service standards set forth in the Franchise Agreement <br />and Renewed Franchise Agreement through June 30, 2005. <br /> <br />2. City hereby releases Adelphia and waives any and all claims. as such term is defined <br />in 11 U.S.C ~101 (5), it has against Adelphia, its successors, affiliates, directors, <br />officers, employees, attorneys, agents, and representatives regarding unpaid <br />franchise fees under the Franchise Agreement through December 31, 2004. <br /> <br />Santa Ana <br />Execution Copy <br />04/08/05 <br />