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<br />21. The Signatories expressly acknowledge and agree that oral and written statements made <br />by any party or its.representative during the course of the settlement negotiations that led to this <br />Agreement cannot be used or portrayed as an admission or concession of any sort and shall not <br />be admissible as evidence in any proceeding in any forum. <br /> <br />22. The Signatories agree that this Agreement extends and modifies the terms of their <br />February 22,2005 Settlement Agreement. To the extent that any terms of that February 22, 2005 <br />Settlement Agreement are not restated here, the Signatories agree that those terms have expired. <br />To the extent that there are any inconsistencies between the terms of this Agreement and the <br />terms ofthe February 22,2005 Settlement Agreement, the Signatories agree that the terms of this <br />Agreement control. <br /> <br />Executed on this the 27d/day of January, 2006, by the Signatories hereto, by and through <br />their undersigned duly authorized representatives. <br /> <br />TXU Electric Delivery Company <br /> <br />Steering Committee of Cities Served by TXU <br />Electric Delivery Company on behalf of all <br />cities listed on Exhibit A to this Agreement <br /> <br />By: <br /> <br />~?1.M <br /> <br />BY:~ <br /> <br />Its: Ckir <br /> <br />ItS:~\Lt: ~IDfNr <br /> <br />5 <br />