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5. DIVCA requires that the holder of a state issued franchise pay the City an annual <br />Franchise Fee. <br />6. Certain controversies have arisen between the parties concerning their <br />respective rights and obligations under the Franchise Agreement and AT&T's <br />state issued franchise. The parties now wish to resolve, finally and forever, all <br />controversies between them arising from or relating to the calculation, <br />assessment, collection or payment of PEG Capital Support payments through <br />October 31, 2012, and Franchise Fees through and including October 31, 2010. <br />NOW, THEREFORE, in consideration of the foregoing premises and the mutual <br />terms and conditions contained herein, the receipt and sufficiency of which are by all <br />parties hereby acknowledged, and with the intent to be legally bound, the parties <br />covenant and agree as follows: <br />1. The parties agree that the initial PEG Capital Support Payment was <br />fully amortized on August 15, 2008. Upon execution of this Agreement, the City hereby <br />releases and forever discharges AT&T from any and all liabilities, claims, demands, <br />rights, damages, debts, responsibilities and actions which the City had, has or hereafter <br />may have against AT&T arising from or relating in any way to the calculation, <br />assessment or payment of PEG Capital Support Fees, or interest and penalties related <br />thereto, for the period from August 15, 2008 through October 31, 2012. <br />2. Upon execution of this Agreement, the parties hereby release and <br />forever discharges each other from any and all liabilities, claims, demands, rights, <br />2 <br />AT&T 010312