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Exhibit D - 2012 Settlement Agreement (v) Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. (vi) The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. Comcast shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Comcast shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall Comcast apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 10. The Commission will pass a resolution withdrawing or rescinding the Notice, Resolution No. 2011-04 and Resolution No. 2011-05 after this Settlement Agreement has been executed by the Parties. 11. This Settlement Agreement is intended to be a binding and enforceable agreement among the Parties, and will be effective upon execution by the Parties on the date first set forth above. The Parties agree that they will execute this Settlement Agreement no later than Friday, March 30, 2012. The Parties further agree that this Agreement may be executed in multiple counterparts. 12. The Parties agree that all promises, commitments, obligations and payments set forth in Section 1 of this Settlement Agreement shall not be deemed to exceed the franchise fee cap specified in Section 622(a) of the Cable Act, 47 U.S.C. § 542(a), and shall at no time be offset against or deducted from franchise fee payments, grants or other financial support or in -kind compensation paid to the NSCC, the Member Cities and/or their designee(s) under the Franchises. In addition, all promises, commitments, obligations and payments set forth in Section 1 of this Settlement Agreement shall not be treated as costs eligible for treatment as conditions or requirements of a franchise for any purpose under 47 C.F.R. § 76.925. Comcast hereby waives any current or future right it may have to claim that any promise, commitment, obligation or payment in Section 1 herein exceeds the franchise fee cap in 47 U.S.C. § 542 or may be offset against or deducted from franchise fee payments, grants and other compensation paid to the NSCC, the Member Cities and/or their designee(s). 13. Nothing in this Settlement Agreement amends or alters the Franchises in any way, and all provisions of the Franchises as hereafter renewed or amended, remain in full force and effect and are enforceable in accordance with their terms and with applicable law. 14. Any violation of this Settlement Agreement by Comcast shall be deemed a violation of the Franchises or any renewed franchises, as appropriate, and the