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<br />9. This Settlement Agreement is subject to the prior approval of the United States <br />Bankruptcy Court of the Southern District of New York ("Bankruptcy Court"). <br />Such approval may be obtained pursuant to settlement procedures previously <br />approved by the Bankruptcy Court. Adelphia shall not be obligated to pay the <br />Settlement Amount, or to perform any other obligations set forth in this <br />Settlement Agreement, unless and until the Bankruptcy Court approves this <br />Settlement Agreement. If the Bankruptcy Court does not approve this <br />Settlement Agreement, (a) nothing contained herein shall be deemed to be a <br />waiver of any claims or an admission of liability by any party hereto; and (b) this <br />Settlement Agreement shall be null and void, and all rights of the parties prior to <br />this Settlement Agreement shall be preserved. <br /> <br />10. This Settlement Agreement, in conjunction with the Renewal Franchise <br />Agreement, contains the entire agreement between the parties and supersedes <br />any and all prior agreements or understandings between the parties relating to <br />its subject matter. The terms of this Settlement Agreement may not be <br />modified, except in a writing signed by both parties. <br /> <br />11. This Settlement Agreement is the result of a compromise of disputed claims <br />and shall not at any time or for any purpose, be considered as an admission of <br />liability or responsibility on the part of either party. Each of the parties will bear <br />its respective attorneys' fees incurred in negotiating this compromise and <br />settlement of disputed claims. <br /> <br />12. This Settlement Agreement will be binding upon City and Adelphia from its <br />"effective date," as specified below in Section 14, and upon any assignee or <br />transferee of the Renewal Franchise Agreement that may hereafter be <br />authorized by City. <br /> <br />13. Except as modified by this Settlement Agreement, either expressly or by <br />necessary implication, the terms and conditions of the Renewal Franchise <br />Agreement will remain in full force and effect. <br /> <br />14. It is the intention of the parties that Adelphia will first execute this Settlement <br />Agreement and then submit it to City. Following its execution by the City, the <br />City Clerk will insert the execution date on page one of this Settlement <br />Agreement, attest to the execution of this Settlement Agreement by a duly <br /> <br />4 <br /> <br />Santa Ana <br />Execution Copy <br />04/08/05 <br />