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A-2013-001 <br />SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS <br />THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (the <br />"Agreement") is entered into this ? day of January, 2013, by and between AT&T <br />CALIFORNIA ("AT&T") on the one hand, and the CITY OF SANTA ANA ("City"), on the <br />other hand. <br />RECITALS: <br />1. The City and Adelphia Cablevision entered into a Franchise Agreement dated <br />May 2, 2005 (the "Franchise Agreement"). <br /> <br />2. Subject to the terms of an Order of the United States Bankruptcy Court for the <br />Southern District of New York In re: Adelphia Communications Corp., et al. <br />dated June 28, 2006, and AT&T's state issued franchise pursuant to The <br />California Digital Infrastructure and Video Competition Act of 2006 ("DIVCA"), <br />AT&T assumed the Public, Educational and Government ("PEG") rights and <br />obligations of said Franchise Agreement effective when it began selling video <br />service in Santa Ana. <br />3. Pursuant to the terms of the Franchise Agreement, in December 2005, Adelphia <br />provided an upfront Public, Educational and Government ("PEG") Capital <br />Support payment of $450,000, and commenced amortization of the payment. <br />4. After full amortization of the upfront PEG Capital Support payment, the <br />franchisee was required, pursuant to the Franchise Agreement, to pass through <br />to the City, PEG fees at the rate of $.55 per subscriber per month through and <br />including June 30, 2012, and thereafter to pass through to the City, PEG fees at <br />the rate of $.65 per subscriber per month. <br />AT&T010313