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<br />3. PAYMENTS TO THE CITY <br /> <br />/ <br />Upon execution and delivery of a fully executed and notarized original ofthis Agreement and <br /> <br />conditioned upon the dismissal of the Litigation with prejudice as provided by Paragraph 5: <br /> <br />A. TXU Gas agrees to pay to the City by payment to its attorneys, Strasburger & Price, <br /> <br />the sum of $93,208.00 the same being City's share of an aggregate sum of exactly <br /> <br />$2,000,000.00 which TXU Gas agreed to pay to the Plaintiffs in the Litigation, which <br /> <br />$2,000,000.00 amount is calculated by multiplying the general business revenues <br /> <br />received by TXU Gas in the calendar year 2000 in the City in which TXU Gas did <br /> <br />business in the aggregate amount of $165,591,132.80 by a factor equal to <br /> <br />0.0120779414. The City acknowledges that TXU Gas has the right to and shall <br /> <br />recover the portion of the $2,000,000.00 amount actually paid to the Plaintiffs in <br /> <br />connection with the settlement of the Litigation from its ratepayers pursuant to the <br /> <br />tax adjustment clause applicable to TXU Gas, by applying a surcharge to the monthly <br /> <br />bills rendered to its ratepayers, provided that the recovery of such surcharge shall be <br /> <br />limited as follows: (1) the surcharge shall be amortized over a period not less than <br /> <br />three years, and (2) the accrual balance will not be subject to interest. TXU Gas <br /> <br />agrees that the franchise fee paid to the City and recovered from ratepayers under this <br /> <br />Agreement will not include any amounts collected in the past from ratepayers. <br /> <br />B. TXU Electric agrees to payor cause Oncor to pay the City, by payment to its <br /> <br />attorneys, Strasburger & Price, the sum of$36,668.00 the same being City's share of <br /> <br />an aggregate sum of exactly $1,000,000.00 which TXU Electric agreed to pay to the <br /> <br />Plaintiffs in settlement of the Litigation, which $1,000,000.00 is calculated by <br /> <br />multiplying the general business revenues received by TXU Electric in the calendar <br /> <br />COMPROMISE. SETILEMENT AND RELEASE AGREEMENT - Pal!e 4 <br />