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7b. The State shall make a cash payment of
$4,586,000.00 to Brothers & Associates, Attorneys at
Law, which law firm owns an interest in the Final
Judgment * * *.
* * * * * * *
9. * * * The State shall be the owner of the
annuities referred to above, but shall have no
authority or ability to amend or decrease any
provisions during their respective terms. It is
further agreed and understood that the State’s
obligations with respect to the annuities described
herein are discharged upon funding of the annuities in
accordance with this Agreement.
* * * * * * *
11. The total cost to the State * * * shall not
exceed $13,775,000. * * *
12. It is expressly understood and agreed that
the State’s obligations under this agreement are
contingent upon approval of a Budget Execution Proposal
by the Legislative Budget Board, the Governor, and
certification by the Comptroller of Public Accounts
that said funds are available. * * *
13. For consideration given herein * * *, the
parties hereby agree that upon full funding of the
annuity contracts and payments of cash * * *, the
parties shall dismiss with prejudice their respective
claims against each other in Cause No. 9509704 * * *
14. For the consideration given * * *, Plaintiff
* * * hereby releases and forever discharges the State
of Texas * * * from any and all liability, actions,
claims, demands or suits which Plaintiff has or may
have, which Plaintiff could have asserted in the suits
referenced in paragraphs 1 and 2, or in any other suit
* * *. It is expressly understood and agreed that
Plaintiff accepts the consideration herein as full
satisfaction of the Final Judgment signed on
October 10, 1991 in Cause No. 480,701 * * * and agrees
to fully, finally, and forever release, discharge,
acquit, and quitclaim said judgment. * * *
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