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Res 2010-182
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Res 2010-182
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Last modified
9/1/2011 3:41:01 PM
Creation date
12/14/2010 2:25:31 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2010-182
Date
12/7/2010
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Cities' Claims Dismissed With Prejudice <br />27. Within three business days of final approval of the last City to this <br />Settlement Agreement, the Cities will file with the Federal District Court for <br />the Southern District of Texas a motion to dismiss all of their claims <br />against TWC in the Lawsuit, with prejudice. The date the Cities make <br />such a filing shall hereafter be called the "Dismissal Date." <br />MISD Petition <br />28. On the Effective Date, the Parties shall advise the Federal <br />Communications Commission of this Settlement Agreement and shall <br />provide a copy of the Agreement to the Commission. Within three days of <br />the Dismissal Date, the McAllen Independent School District shall <br />withdraw the Petition filed with the Federal Communications Commission <br />by the McAllen Independent School District on September 20, 2010, <br />seeking an "emergency temporary standstill" of TWC's and other cable <br />operators' transition of PEG programming to digital format. <br />Notice and Cure <br />29. Unless otherwise unreasonable under the circumstances, prior to <br />filing any lawsuit to enforce or obtain damages for violation of this <br />Agreement, the Party aggrieved (the "Aggrieved Party ") shall provide to <br />the other Party (the "Alleged Breaching Party ") written notice of the <br />alleged breach and shall provide a reasonable opportunity to cure the <br />15 <br />
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