Laserfiche WebLink
WHEREAS,Pecos HFC has appealed the Final Judgment in the Court of Appeals; <br /> WHEREAS,the Parties engaged in arms-length negotiations in reaching this Agreement; <br /> WHEREAS, in order to avoid further expense, inconvenience, delay, and the uncertainty <br /> of pending appeals challenging the Final Judgment, Pecos HFC wishes to dismiss its appeal and <br /> resolve the attorney's fees portion of the Final Judgment. <br /> NOW, THEREFORE, in consideration of the recitals, covenants, agreements, and <br /> representations contained herein, and for good and valuable consideration, the receipt and <br /> sufficiency of which is hereby acknowledged,the Parties agree as follows: <br /> A. Dismissals of Litigation Proceedings. <br /> Within two (2) business days of the Effective Date, Pecos HFC shall file a Motion to <br /> Dismiss Appeal in the form attached hereto as Exhibit A in the Court of Appeals. The Cities agree <br /> that they will not oppose Pecos HFC's motion. <br /> B. Payment. <br /> Within seven(7) calendar days of the Effective Date,Pecos HFC will pay to the Cities the <br /> total sum of$10,000(the"Payment").Payment to the Cities shall be made via wire transfer to the <br /> following: <br /> Payee: <br /> Payee Address: <br /> Bank: <br /> Account Number: <br /> Routing Number: <br /> C. Release of Attorney's Fees claim. <br /> 1. Upon receipt of the Payment referenced in Paragraph B,above,and upon dismissal <br /> of Pecos HFC's appeal,referenced in Paragraph A,the Cities do hereby FULLY RELEASE AND <br /> I FOREVER DISCHARGE Pecos HFC, and its current and former representatives, employees, <br /> -2- <br />