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ADELPHIA 2 - 2005
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ADELPHIA 2 - 2005
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Last modified
1/3/2012 3:16:37 PM
Creation date
6/14/2005 2:00:12 PM
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Contracts
Company Name
Adelphia Cable Television
Contract #
A-2005-130
Agency
City Attorney's Office
Council Approval Date
5/2/2005
Expiration Date
6/30/2005
Destruction Year
2010
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<br />(g) During the thirty-month transition period following the effective <br />date of this Agreement, Grantee will provide all required programming services <br />under the direction of the Grantor's Parks and Recreation Department. <br /> <br />(h) Commencing with the thirty-first month after the effective date of <br />this Agreement, the transition period will terminate, and Grantee shall have no <br />further obligations to produce any programming for Grantor." <br /> <br />6. Adelphia agrees to cover the operational and maintenance costs for the City's <br />Coaxial Institutional Network ("I-Net") as it exists on the effective date of this <br />Settlement Agreement, and the cost to provide power to the I-Net, for a period <br />of twenty-four (24) months following the effective date of this Settlement <br />Agreement. <br /> <br />7. City agrees that any capital costs required to maintain or repair the I-Net shall <br />be City's sole responsibility throughout the term of the Renewed Franchise <br />Agreement. <br /> <br />8. With regard to the matters described in Sections (1) and (2) of this Agreement, <br />as to which Adelphia is released and all claims of the City are waived, City and <br />Adelphia expressly understand and acknowledge the possibility that unknown <br />losses or claims exist or that present losses may have been underestimated in <br />amount or severity. City and Adelphia explicitly took that into account in <br />entering into this Agreement, and the consideration and mutual covenants <br />contained herein have been bargained for between the parties with knowledge <br />of the possibility of such unknown claims, and were given in exchange for a full <br />accord, satisfaction, and discharge of those claims. Accordingly, each of the <br />parties acknowledges and agrees that it may hereafter discover facts different <br />from, or in addition to, those which are now believed to be true with respect to <br />the claims being released herein, and the parties agree that this Agreement will <br />be and remain effective in all respects notwithstanding such different or <br />additional facts or the discovery of those facts. It is further expressly agreed <br />that all rights under California Civil Code Section 1542 are hereby expressly <br />waived by each of the parties if that statute is asserted or determined to be <br />applicable to the claims being released herein. Civil Code Section 1542 <br />provides as follows: <br /> <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE <br />MATERIALLY AFFECTED HIS SETTLEMENT WITH THE <br />DEBTOR <br /> <br />Santa Ana <br />Execution Copy <br />04/08/05 <br /> <br />3 <br />
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