2002-137-RES APPROVE/AUTHORIZE EXECUTION OF COMPROMISE, SETTLEMENT AND RELEASE IN CITY OF DENTON, TX ET AL VS TEXAS UTILITIY COMPANY ET AL

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year 2000 in the City in which TXU Electric did business in the aggregate amount of $1,149,561,767.63 by a factor equal to 0.000869897. C. The TXU Defendants agree and expressly represent that none of the amounts set forth in paragraphs 3(B) and 4 shall be recovered from ratepayers pursuant to a tax adjustment clause or by applying a surcharge to the monthly bills rendered to ratepayers, or otherwise "passed thru" to ratepayer(s). 4. FEES AND EXPENSE REIMBURSEMENT Upon execution and delivery of a fully executed and notarized original ofthis Agreement and conditioned upon the dismissal of the Litigation with prejudice as provided by Paragraph 5, the TXU Defendants agree to pay and/or cause Oncor to pay the City, by payment to its attorneys, Strasburger & Price, the sum of $14,651.42 the same being City's share of an aggregate sum of exactly $915,000 which the TXU Defendants agreed to pay to the Plaintiffs to reimburse the Plaintiffs for attorneys' fees and expenses incurred in the Litigation. 5. DISMISSAL OF THE LITIGATION The parties recognize and agree that this settlement is a full settlement of all claims asserted or which could have been asserted by the City against TXU Electric, TXU Gas and TXU Corp. in the Litigation related to the calculation or payment of franchise fees prior to and through December 31, 2001 and the parties agree that, in connection with such settlement, they will jointly file with the Court having jurisdiction of the Litigation appropriate pleadings in order to dismiss the Litigation with prejudice as to the City, with the order of dismissal to provide that costs of court will be taxed against the party incurring the same and be substantially in the form ofthe Agreed Order attached as Exhibit C. COMPROMISE. SETfLEMENT AND RELEASE AGREEM.ENT - Pal!e 5