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I . Each and every whereas clause is incorporated herein and deemed to be a finding • by Council. 2. In consideration of a payment of $21,632.00 by Adelphia to the City and for Adelphia's agreement (a) not to pass through any of this payment to subscribers either via a line item on subscribers bills or as an external cost on any FCC rate regulation forms and (b) not to deduct any portion of the payment from past, present or future franchise fee payments to be made to the City, the City will waive its right to fully enforce the findings of the Lewis Report. 3. The parties recognize that this settlement is subject to approval of the Bankruptcy Court and, in the event approval is not granted, the City reserves its right to fully enforce the findings of the Lewis Report and to seek full reimbursement for the $41,037.00 of unpaid franchise fees owed to the City plus accrued interest. 4. This Resolution shall become effective upon the occurrence of both all of the following conditions: (1) The Resolution being passed and adopted by the City Council; and (2) Adelphia's acceptance of the settlement as described in paragraph 2, above, provided Adelphia (a) submits the settlement agreement with any other required documentation for processing to seek approval from the Bankruptcy • Court within fifteen (15) days from the date this Resolution is passed and adopted, and (b) makes payment to the City in the full amount of $21,632.00 within twenty-one (21) days from the date this settlement is approved by the Bankruptcy Court; and (3) Approval of the settlement by the Bankruptcy Court. Adopted this I" day of December, 2003. Cler of City Council, Charlottesville, Virginia We hereby acknowledge the foregoing Resolution and settlement and we do hereby accept the terns of the Resolution and agree to be bound by the terms of the settlement in accordance with the terms of the Resolution. ADELPHIA COMMUNICATIONS CORPORATION Un 0 Date: