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to the Legal Restrictions. Except as disclosed on Schedule 3.9. the Falcon Companies own, lease or otherwise have rights to use all real property (excluding easements, rights-of-way and similar authorizations) and tangible personal property necessary to operate the Systems as presently operated by the Falcon Companies in all material respects. Notwithstanding the express language of this Section 3.9 or as may otherwise be provided in this Agreement, no representation or warranty is being made as in title to the internal wiring, house drops and unrecorded dwelling -unit easements, rights of entry or rights-of-way held or used by the Falcon Companies. 3.10 Intani le . Schedule 3.10 contains a true and correct description and list of the Intangibles (exclusive of those required to be listed in Schedule 3.g), that are owned or leased by any of the Falcon Companies and that are necessary for the conduct of the business or operations of the Systems as currently conducted. Except as to potential copyright liability raising from the performance, exhibition or carriage of my music on the Systems or as disclosed in Schedule 3.10 no Falcon Company is infringing upon any trademarks, trade names, copyrights or similar intellectual property rights of others. 3.11 Information Reeardine the Systems. (a) Subscribers. Schedule 3.11 sets forth the approximate number of Equivalent Subscribers as of the date indicated therein (including the approximate number of Equivalent Subscribers served by each headend) and sets forth a me, complete and correct statement of all Subscribers'rates, tariffs and other charges for cable television and other services provided by any Falcon Company, and a fist ofall free, discount or other promotional service obligations (other than those obligations which are regularly offered or arise in the ordinary course of the business and operations ofthe Falcon Companies and free accounts offered to lessors under Real Property [ewes) of any Falcon Company, with respect to the Systems as ofthe date ofthis Agreement. TheFalcon Companies' billing records are prepared by Cable Services Group, Inc. in accordance with its customary practices. (b) Certain Systems Information Schedule 3.11 sets forth the approximate number of plant miles (aerial and underground) for each headend, the approximate bandwidth capability ofeach headend, the channel lineup for each headend, and the monthly rates charged for each class of service offered by each headend, the stations and signals carried by each headend and the channel position of each such signal and station, which information is nue and correct in all material respects, in each case as of the applicable dates specified therein and subject to any qualifications set forth therein. Except as described in Schedule 3.11 each ofthe respective channel lineups set forth in Schedule 3.11 is capable of being viewed in its entirety by each Subscriber in the applicable System (subject to ordinary course service interruptions). (c) Franchise and FCC Masers. Except as set forth in Schedule 3.11, all reports or other documents, payments or submissions required to be filed by any ofthe Falcon Companies with any of the Franchising Authorities or the FCC have been duly filed and were correct in all material respects when filed. Except as set forth in Schedule 3.11. the Falcon Companies are permitted under all applicable Franchises and FCC Regulations to disuibute the television bmadcast signals distributed by the Systems and to utilize all carrier frequencies generated by die operations owuuransxacunou 28