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25 <br />(b) represents and warrants that it is able to provide and agrees to <br />provide all services required under said franchises; <br />(c) acknowledges and agrees that TWEAN is subject to the regulatory <br />authority of the grantor as provided by state and federal law; <br />(d) agrees to cooperate fully with the Franchising Authority and to <br />obtain from any governmental .agency having jurisdiction, all <br />licenses, permits and other authority necessary for lawful operation <br />and maintenance of the cable system. <br />4. The past performance of TWEAN under the control of TWI pursuant to <br />the franchises is not waived by the Franchising Authority consenting to <br />this transfer and adopting this Resolution. TWEAN (under the control of <br />its new parent, AOL-TW) agrees to be responsible for and bound by the <br />breaches and non-performance, if any, of TWEAN (under the control of <br />TWI) prior to this transfer. The Franchising Authority may, after <br />consummation of the Transaction Nos. 1 and 2, consider in any ongoing <br />renewal proceeding, the past performance of TWEAN (under the control <br />of TWI) to the extent permitted under 47 U.S.C. §546, as if it were the <br />past performance of TWEAN (under the control of AOL-TW). <br />5. TWEAN and AOL-TW agrees that the revaluation of the cable system <br />assets, if any, resulting from Transaction Nos. 1 and 2 shall not be the <br />basis for any future rate increases for any regulated cable service, <br />including, but not limited to, basic cable service, equipment rentals and <br />installation costs. <br />6. This Resolution shall become effective on the date of its passage, but shall <br />be automatically rescinded and the transfer of control denied (1) if not <br />accepted in writing by TWEAN, within sixty (60) days of passage; or (2) <br />if any of the conditions of this consent resolution are determined to be <br />invalid in a final judgment by a court of competent jurisdiction. <br />7. Within sixty (60) days fallowing the adoption of this Resolution, <br />franchisee shall pay the sum of $10,000 to the Franchising Authority to <br />reimburse the Franchising Authority for its expenses in connection with <br />this transfer. <br />8. TWEAN and AOL-TW shall provide nondiscriminatory access to the <br />franchisee's cable modem (digital) platform far providers of Internet, <br />online services, and other video and digital services, whether or not such <br />providers are affiliated with TWEAN or AOL-TW. <br />25 <br />