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instrument, payable to the order of the Federal Communications Commission. The payment must include
the NAL/Account Number and FRN referenced in the caption to the Adopting Order. Payment by check
or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis,
MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank - Government Lockbox
#979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may
be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the
FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the
letters "FORF" in block number 24A (payment type code). DNA will also send electronic notification on
the date said payment is made to firstname.lastname@example.org.
13. Waivers. DNA waives any and all rights it may have to seek administrative or judicial
reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent
Decree and the Adopting Order, provided the Commission issues an Adopting Order adopting the
Consent Decree without change, addition, modification, or deletion. DNA shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms contained herein. If either Party
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the
Adopting Order, neither DNA nor the Commission shall contest the validity of the Consent Decree or the
Adopting Order, and DNA shall waive any statutory right to a trial de novo. DNA hereby agrees to waive
any claims it may otherwise have under the Equal Access to Justice Act, 5 U.S.C. 504 and 47 C.F.R.
1.1501 et seq., relating to the matters addressed in this Consent Decree.
14. Severability. The Parties agree that if any of the provisions of the Adopting Order or the
Consent Decree shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate
or render unenforceable the entire Adopting Order or Consent Decree, but rather the entire Adopting
Order or Consent Decree shall be construed as if not containing the particular invalid or unenforceable
provision or provisions, and the rights and obligations of the Parties shall be construed and enforced
accordingly. In the event that this Consent Decree in its entirety is rendered invalid by any court of
competent jurisdiction, it shall become null and void and may not be used in any manner in any legal
15. Subsequent Rule or Order. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent rule or Order adopted by the Commission (except an Order
specifically intended to revise the terms of this Consent Decree to which DNA does not expressly
consent) that provision will be superseded by such Commission rule or Order.
16. Successors and Assigns. DNA agrees that the provisions of this Consent Decree shall be
binding on its successors, assigns, and transferees.
17. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties. The Parties further agree that this Consent Decree does
not constitute either an adjudication on the merits or a factual or legal finding or determination regarding
any compliance or noncompliance with the requirements of the Act or the Commission's rules and
18. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
19. Paraaraph Headings. The headings of the Paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Fd l Cal i i C i
United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed September 22, 2014.