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damages, debts, responsibilities and actions which either party had, has or hereafter <br />may have against the other arising from or relating in any way to the calculation, <br />assessment or payment of Franchise Fees, or interest and penalties related thereto, for <br />any period prior to October 31, 2010. <br />3. Within fifteen (15) business days of the receipt by AT&T of the City's <br />signed copy of this Agreement, AT&T shall deliver to the City payment in the amount of <br />One Hundred Twenty-one Thousand Six Hundred Twenty-two and 65/100 Dollars <br />($121,622.65). The parties agree that, in view of the resolution of their dispute, no <br />further audit for the period of January 1, 2008 through October 31, 2012 shall be <br />performed with respect to the calculation and payment of PEG Capital Support <br />payments. <br />4. The parties agree that, in view of the resolution of their dispute, no <br />further audit for the period of January 1, 2008 through October 31, 2010 shall be <br />performed with respect to the calculation and payment of Franchise Fee payments. <br />5. To the extent applicable under DIVCA and subject to the terms of an <br />Order of the United States Bankruptcy Court Southern District of New York In re: <br />Adelphia Communications Corp., et al. dated June 28, 2006, this Agreement shall not <br />be read to release any duty of AT&T arising under the Franchise Agreement or its state <br />issued franchise to indemnify or insure the City against acts and omissions occurring <br />during the franchise term that are separate, unrelated and distinct from the calculation, <br />assessment, collection or payment of PEG Capital Support Payments. <br />3 <br />AT&T 01031.2