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2. If Adelphia enters into a leased access agreement with such a carrier it shall immediately • notify the City in writing and shall further provide the City with an estimated start date for broadcasting over Channel 14. The City shall use reasonable efforts to inform Adelphia in a timely manner that the City; (a) has received Adelphia's notice; and (b) will or will not consent to the use of Channel 14 by Adelphia beginning at such time as said carrier shall begin broadcasting over Channel 14. Until such time, the City shall retain exclusive control over Channel 14. The City's written consent is required before Adelphia may use Channel 14 as contemplated herein. 3. In the event the City consents to the use of Channel 14 by Adelphia as contemplated herein, it is agreed that the City will temporarily suspend the provision in section 6.05(A) of the Cable Franchise Agreement that requires Adelphia to make available to the City `one activated Channel for non-commercial educational programming for educational institutions within the City." It is further agreed that the City will temporarily suspend the provision in section 6.05(C) that limits Adelphia's use of the educational access channel for non-commercial programming during those hours when the channel is not in use by the City. The City's suspension of the aforementioned provisions shall remain effective until the expiration of this Side Letter Agreement. 4. Adelphia agrees to request that the programmer accommodate programming currently aired on Channel 14 by the City — one Charlottesville School Board Meeting per month and daily broadcasting of a thirty (30) minute GED tape at a time as agreed by the Director of the Regional Adult Education Program. • 5. In consideration for the City's suspension of its entitlements under sections 6.05(A) and 6.05(C), Adelphia shall pay to the City percent L%) of any leased access fee received from the programmer beginning in year two (2) of the programmer's contract with Adelphia and continuing until the expiration of this Agreement, provided that the City has given Adelphia sixty (60) days notice. Adelphia shall remit payment to the City at the same time that franchise fees are due. It is further agreed that the percent (_%) fee due the City under this Side Letter Agreement shall be passed through and itemized in any agreement with a programmer. 6. This Side Letter Agreement shall expire upon the earlier of. (a) December 31, 2006; (b) the date that Adelphia has upgraded its cable system as contemplated in the Cable Franchise Agreement; (c) at such time as Charlottesville -community based programming is no longer aired on Channel 14 for a minimum of eight (8) hours per day; (d) material breach of this Agreement by either party; or (e) at such time as the City, in its sole discretion, determines that the needs and interests of the community require Channel 14 to be returned to the City's control, provided twelve (12) months' notice has been given to the programmer. 7. Nothing in this Side Letter Agreement shall be interpreted to suspend or otherwise affect any provision of the Cable Franchise Agreement other than those provisions specifically referenced herein. 11