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Last modified
4/23/2021 2:30:15 PM
Creation date
10/12/2020 12:06:19 PM
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Contracts
Company Name
AUSTIN BRITO
Contract #
A-2020-198
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
7/7/2020
Insurance Exp Date
1/1/2001
Destruction Year
0
Notes
INSURANCE NOT REQUIRED
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Into account, under Section 130 of the Code, with respect to this Agreement. Notwithstanding <br />anything to the contrary contained In this Agreement, neither any Claimant nor any Successor Payee <br />shall have any rights with respect to the Annuity or the payments thereunder that would cause any <br />amount attributable to the Annuity to be currently Includible in the recipient's income or would <br />otherwise affect the determination of when any recipient Is treated as having received any payment <br />for income tax purposes, or would otherwise prevent this Agreement from satisfying all of the <br />conditions for a "qualified assignment" within the meaning of Section 130(c) of the Code. <br />S. Delivery of Payments. Assignee may have Annuity Issuer sand payments directly to a Claimant, or, <br />If applicable, to a Successor Payee (as d6fllied In DoEflaraph 8 of this Aereoment), or deliver <br />pa ments by electronic funds transfer to a depository Institution In the United States for credit (directly <br />or Indirectly) to an insured account In the name of such Claimant or Successor Payee. Such direction <br />of pa men under the Annuity shall not be deemed to afford the Claimant or any Successor Payee <br />any rights of ownership or control of the Annuity. Each Claimant and any Successor Payee shall at all <br />t(mes keep Annuity issuer apphsed of sucb Clalmanfa or Successor Payoo's cui runt street address <br />and telephone number and, If such Claimant or Successor Payee receives payments by electronic <br />funds transfer, the name, addresa, bank identifier number ((BIN) and telepphone number of the <br />applicable depository Institution and the account number of the account to which the payments are to <br />8. Discharge of Llability, The Assignee's liability to make each Periodic Payment to the Claimant or <br />Successor Payee designated to receive such payment shall be discharged automatically at such time <br />as a corresponding payment is made to such Claimant or Successor Payee by the Annuity Issuer. <br />7. Acceleration, Transfer of Payment Rights. None of the Periodic Payments and no rights to or <br />Interest in any of the Periodic Payments (all of the foregoing being hereinafter collectively referred to <br />as "Payment Rights") can be <br />I. Accelerated, deferred, increased or decreased by any recipient of any of the Periodic Payments; <br />or <br />If.. Sold, assigned, pledged, hypothecated or otherwise transferred or encumbered, either directly or <br />ndiroctly, unless such sale, assignment, pledge, hypothecation or othartransfer or encumbrance <br />an such transartlon being hereiinafter referred to as a "TransfaW') has been approved in <br />advance Ina "Qualified order" as defined In Section 5891(b)(2) of the Code (a "Qualifed Order") <br />and otherwise complies with applicable state (aw, Including without limitation any applicable state <br />structured settlement protection statute: <br />No Claimant or Successor Payee shall have the power to effect any Transfer of Payment Rights <br />except as provided In sub -paragraph (tl) above, and any other purported Transfer of Payment Rights <br />shall be wholly void. If Payment Rights under this Agreement become the subject of a Transfer <br />approved in accordance with sub-pparagraph (II) above the rights of any direct or Indirect transferee of <br />such Transfer shall be subject to tha terms of this Agreement and any defense or claim in <br />recoupment arising hereunder. <br />8, Beneficiaries. Any Periodic Payments to be made after the death of any Claimant or Successor <br />Payee shall be made to such party as shall have been designated in, or in accordance with, the <br />Settlement Agreement or, if the Settlement Agreement does not provide for such designation, then to <br />tha party de ad in conformity with this paragraph B. Any party so designated is referred to in this <br />Agreement as a "Beneficiary." If no Benefinfary Is livingg at the time of the death of a Claimant or <br />Successor Payee, payment shall be made to the decedenfe estate, As used In this agreement the <br />term "Successor Payee" refers to a Beneficiary or an estate that has become entitled to receive <br />Periodic Payments following the death of a Claimant or a Successor Ps ea. Except as otherwise <br />provided in the 5ettlem t Agreement, no designation or change of designation of a Beneficiary shall <br />e effective unless such change (p is requested In a written request submitted to Assignee (or its <br />authorized agent) in accordance with Assignee's customary procedures for processing such requests; <br />and (li) Is confirmed by Assignee (or Its authorized agent). Except for a designation that is expressly <br />Identified In the Sottiemant Agreement as Irrevocable, any designation of a Beneficiary shall be <br />deamed to be revocable; an no party that is designated as a Beneficiary (other than a party <br />irrevocably designated as a Beneficiary In the Set ament Agreement) shall, solely by virtue of its <br />designation as a Beneficiary, be deemed to have any cognizable Interest in any Periodic Payments. <br />Page 2 Vei^sion v12.00h•12.00 - CHAR <br />
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