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In the instant case, on the other hand, the Annulment
Agreement is silent about termination and is silent about
the effect that the death or remarriage of Ms. Wagner will
have on the payments required under paragraph 1.f). Thus,
the parties to the Annulment Agreement have not "otherwise
agreed" in writing regarding the effect of the death or
remarriage of Ms. Wagner on petitioner's liability to
make payments under paragraph 1.f). In such a case, by
operation of Neb. Rev. Stat. section 42-365, the payments
automatically terminate upon the death of petitioner or of
Ms. Wagner or remarriage of Ms. Wagner.
Respondent further argues that section 71(b)(1)(D) is
not satisfied because petitioner, or his estate “may be
required to make payments [under the Annulment Agreement]
after Ms. Wagner's death.” To support this argument
respondent makes three points. First, respondent notes
that paragraph 10 of the Annulment Agreement provides:
"This Agreement shall be binding upon the parties, their
respective heirs, successors, administrators, assigns and
personal representatives." Second, respondent argues
that, because the Annulment Agreement provides that it
cannot be modified, it is equivalent to a judgment on
which Ms. Wagner's heirs could bring an action. Third,
respondent asserts that “the Annulment Agreement is a
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