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one and the same instrument. This Settlement Agreement
shall become effective immediately upon execution by
all the Settling Parties.
19. Applicable Law. This Settlement Agreement
shall be interpreted, construed and enforced in
accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the Settling Parties have
executed this Settlement Agreement as of December 21,
1998.
Petitioner William Houchin executed the settlement agreement
on December 21, 1998. The codefendant executed a separate
settlement agreement on December 21, 1998. G.B. Weeden,
representative of Exxon, executed both settlement agreements on
December 22, 1998. T.L. Holland, Attorney-in-Fact for ARCO,
executed both settlement agreements on December 31, 1998.
The law firm that represented William Houchin in the
negotiations with ARCO and Exxon, namely, McGloin, Davenport,
Severson, & Snow, calculated William Houchin’s portion of the
combined $8 million settlement as $6,145,315 and so informed him
in a document dated December 31, 1998, entitled “Houchin
Disbursement Statement”. On January 4, 1999, McGloin, Davenport,
Severson, & Snow received by wire transfer the $8 million
settlement amount. On January 5, 1999, McGloin, Davenport,
Severson, & Snow sent William Houchin a check in the amount of
his net settlement proceeds. On January 6, 1999, William Houchin
received the settlement proceeds check. On January 12, 1999,
McGloin, Davenport, Severson, & Snow, and ARCO signed and filed a
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