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4 <br />3. T'OVEAN: <br />(a) agrees to be bound by the three {3) frauchises and perform; all <br />duties nerd obligativ~s thereunder, <br />{b) represents and warrants that it is ablo to provide and agrees to <br />provide all services requited under said franchises; <br />(c) acdmowledg~es and $grees that TVVEAN is subjetx t4 the regulatory <br />authority of the grantor as provided by state and federal law; <br />(d) agrees to coopaate fully with the Franchising Authority and tv <br />obtain from any goverameatai agency having jurisdiction, all <br />licenses, permits and other authority necessary for lawful operation <br />and maiatenaace of the cable systenL <br />4. The past performance of TWEAK under the control of 'I~i~I pua~suant to <br />the franchise is not waived by tha Franchising Authority consenting to this transfer and- <br />adopting this Resolution. I'WEAN (under tb~e control of its new. parent, AQL-T'W) <br />agrees to be responsible far and bound by the breaches and non-paformanc~ cif' any, of <br />TWEAK (under the control of TWl) prior to this transfer. The Francbisaag. Authority <br />may, after vaasummatian o£ the 'Transaction Nos. I axbd ?., consider in say ongoing <br />xeaewal proceeding, the past ~ of 1'WEAN (undex the control of TWl) m the <br />extent pezmrtted under 47 U S.C. ~54G, as if it was the past peeformsace o£ TWEAK <br />(under the control o£ A4L,~-TW'). <br />~. TWEAK and ADL-TW agrees that the revaluation of the cable system <br />assets, if any, resulting from Traasa~ction Nos. 1 and 2 shall not be the basis for any future <br />rate increases for any regulated cable services including, but not limitati3 to, basic cable <br />service, equipment rentals and installation costs. <br />6. This Resohrtion shall become effective oa the date of its passage but shall <br />be automaticauy resandcd and the transfer of comrol domed {1) ifnot accepted is writing <br />by ?'WEAN, within sixty (60) days of Passage; or (2) if any of the ca~itions of this <br />consent resolution are determined to be invalid is a 5asl judgment by a cant of <br />competent jurisdiction- <br />7'. Within thirty days following the adoption o£ this Resalutiaaa, ~'WFAN <br />shall pay the sum of X2,500 m the Franchising Authority to reir~aburse the Francl~isiag <br />.Authority for its expenses in connection with this transfer. None of the foregoing <br />expenses desadbed is this paragraph or ToVEAN's payment thereof shall constitute as <br />offset against franchise fees or any other amouamts due the Franchising Authority from <br />TWEAK pursuant to the terms of the Franchise or otherwise. <br />3 <br />