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date of this Agreement (other than routine maintenance capital expenditures), but only to the extent the Falcon Companies have made an actual payment in respect thereof or a liability for payment is reflected in the computation of Closing Net Liabilities. (c) Certain Permitted Actions. Notwithstanding anything in this Agreement (including Sections 6.l(a) and (b) above) to the contrary, Buyer consents and agrees as follows: (1) Contractual Commitments. The Falcon Companies may comply with all ofthehcontractual commitments under their existing Contracts and under any Contracts entered into after the date of this Agreement in compliance with Section 6.1(a)(2) or with Buyer's (in each case, as such Contracts may be in effect from time to time in accordance with Section 6.1(a)(2) or with Buyers and Charter's consent). The Falcon Companies may take such actions as are contemplated by the other Sections of this Agreement and otherwise comply with their obligations under the other Sections of Us Agreement. (2) Excluded Assets. Buyer acknowledges that the artwork and photography throughout Falcon's Westwood and Pasadena corporate offices and the furniture and furnishings in Marc Nathanson's office and certain other furniture in Falcons Westwood and Pasadena corporate offices are personal assets of Marc Nathanson that will be retained by him and are not and will not become assets of Buyer or the Falcon Companies. (3) Pendine Acquisitions. The Falcon Companies may consummatethe transactions contemplated by the acquisition agreements set forth in Schedule 6.1 of Falcon's Disclosure Schedule substantially in accordance with such acquisition agreements as currently in effect (such transactions, the "Pending Acquisitions"). As provided for in Section 2.4(b)(x), at the Closing, the Closing Net Liabilities shall be decreased by the amounts paid by the Falcon Companies to the sellers under such agreements (plus reasonable out-of-pocket costs and expenses incurred in connection with consummating such transactions), but only to the extent the Falcon Companies have made an actual payment in respect thereof or a liability for payment is reflected in the computation of Closing Net Liabilities. Buyer acknowledges that none of the representations and warranties made by Falcon or any Seller in this Agreement applies to the assets, systems, or liabilities acquired in the Pending Acquisitions or any other matter relating to such risers, systems, and liabilities, other than the representations and warranties made by Falcon in Section 3A with respeci in ivimeriai Contacts. The parties agree and acknowledge that the subscribers acquired in the Pending Acquisitions shall not be cowled for purposes of determining the subscriber adjustment portant to Section 2A(s) or for purposes of determining whether the condition in Section 7.1(c) has been satisfied. (4) Other Maners. The Falcon Companies may take the other actions contemplated in Schedule 6.1 of Falcon's Disclosure Schedule. [2'mar•TTrffiffm1[pA.7'3SP__# (a) Buyer and Falcon are parties to a Confidentiality Agreement dated May 4, 1999(the"Confrdenfielity Agreement"). Notwithstanding the execution, delivery and performance nNIrl—.EXWtMoN 44