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SETTLEMENT AGREEMENT AND MUTUAL RELEASE <br />This Settlement Agreement and Mutual Release ( "Agreement ") is entered <br />into by and between Time Warner Entertainment - Advance /Newhouse <br />Partnership, its subsidiaries, affiliates, parents, successors and assigns ( "TWC ") <br />and the cities of Brownsville, Corpus Christi, Edinburg, Laredo, McAllen, San <br />Juan, San Marcos, and Weslaco, TX (individually a "City" and collectively, "the <br />Cities ") (jointly, "the Parties ") and the McAllen Independent School District <br />( "MISD ") and is effective as of November 10, 2010 (the "Effective Date "). <br />WHEREAS, a dispute has arisen between the Parties over TWC's plan to <br />migrate the public, educational and governmental ( "PEG ") channels from analog <br />format to a digital format (the "TWC Digitization Plan ") as announced by TWC to <br />the Cities in letters dated on or about June 28 or 29, 2010; and <br />WHEREAS, the Cities have commenced litigation to challenge the TWC <br />Digitization Plan, which is styled Citv of McAllen, et al. v. Time Warner <br />Entertainment - Advance /Newhouse Partnership, D /B /A Time Warner Cable, Case <br />No. 7:10 -cv -00393 (hereinafter, "the Dispute "); and <br />WHEREAS, the Parties desire to fully and completely settle and resolve <br />the Dispute as set forth below. <br />NOW THEREFORE, in consideration of the mutual covenants set forth in <br />this Agreement, and for the consideration herein contained and provided for, <br />TWC, the Cities and MISD agree as follows: <br />