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<br /> NOW, THEREFORE, in consideration of the promises exchanged herein, <br /> and other good and valuable consideration, the receipt and sufficiency of which <br /> is hereby acknowledged, LCRA and San Marcos agree as follows: <br /> 1. Payment. LCRA shall pay to San Marcos the sum of Two Million Five <br /> Hundred Thousand Dollars ($2,500,000.00). Such payment will be made in <br /> one installment of Two Million Five Hundred Thousand Dollars ($2,500,000.00) <br /> by cashier's check or wire transfer on or before June 15, 1992. Interest at the <br /> rate of 5% simple interest per annum shall accrue on the $2,500,000.00 <br /> beginning and including April 24, 1992, and continuing until paid. <br /> 2. Termination of OperatinQ AQreement. The Operating Agreement shall be <br /> terminated for all purposes as of the effective date of this Agreement. San <br /> Marcos' option under Sections 9.3 and 9.4 of the Operating Agreement shall be <br /> exercised in writing no later than August 1, 1992, and closing of any purchase <br /> of assets pursuant to such option shall be concluded no later than October 31, <br /> 1992, unless extended by mutual agreement 01 LCRA and San Marcos. <br /> 3. Mutual Release and Motion to Dismiss. On or before April 24, 1992, <br /> each of LCRA and San Marcos will (i) execute and deliver two originals of a <br /> Mutual Release in the form attached as Exhibit A, and (ii) file a joint motion to <br /> dismiss the Lawsuit with prejudice in the form attached as Exhibit B and an <br /> agreed order of dismissal in the form attached as Exhibit C. <br /> 4. Costs and Attorneys' Fees. Each of LCRA and San Marcos agrees to <br /> pay its own costs and attorneys fees. <br /> 2 <br />