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first payment is made by the Defendants pursuant to the settlement, then <br />the Texas Political Subdivisions shall recover up to 12.5% of the Texas <br />Political Subdivision Share to make up any difference. <br />6. If the National Fund and the Texas Political Subdivision share are <br />insufficient to cover the guaranteed 9.3925%, plus expenses from the <br />National Fund, or if payment from the National Fund is not received <br />within 12 months after the date the first payment is made by the <br />Defendants pursuant to the settlement, then the Texas Political <br />Subdivisions shall recover up to 8.75% of the Abatement Fund Share <br />to make up any difference. In no event shall the Texas Political <br />Subdivision share exceed 9.3925% of the combined Texas Political <br />Subdivision and Texas Abatement Fund portions of any settlement, <br />plus expenses from the National Fund. In the event that any payment <br />is received from the National Fund such that the total amount in fees <br />and expenses exceeds 9.3925%, the Texas Political Subdivisions shall <br />return any amounts received greater than 9.3925% of the combined <br />Texas Political Subdivision and Texas Abatement Fund portions to <br />those respective Funds. <br />V <br />