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HATHAWAY LIFE INSURANCE COMPANY OF NEBRASKA mail payments directly to the <br />Payee. The Payee shall be responsible for maintaining a current mailing address for Payee with <br />BHG STRUCTURED SETTLEMENTS, INC. <br />2.7 Discharge of Obligation <br />The obligation of the Assignee to make each Periodic Payment shall be discharged upon <br />the mailing of a valid check in the amount of such payment to the designated address of the <br />Payee named in Section 2 of this Settlement Agreement. <br />2.8 All Parties to this Settlement Agreement hereby further agree that in the event of a <br />Defendant's default or non-performance under this Agreement, such as for example non- <br />payment and/or late payment of that Defendant's respective settlement funds identified in <br />paragraphs 2.1, any such default or non-performance shall only be deemed as the defaulting/non- <br />performing Defendant's breach of this Agreement, and any relief available to CORTEZ related <br />thereto shall inure only as against the defaulting/non-performing Defendant, and such breach <br />shall not affect the settlement and dismissal of this Action as to any other party herein. <br />3. Applicable Taxes, Fees, Withholding, Ability to Obtain Financing etc.: <br />3.1 CORTEZ acknowledges and agrees that Defendants and their counsel have not <br />made, and do not make any representations herein concerning the taxable status of any of the <br />payments set forth in this Agreement, and CORTEZ acknowledges and agrees that she has not <br />relied and will not rely on any such representations, if any. <br />3.2 CORTEZ acknowledges and agrees that she will be solely responsible for any tax <br />liability, or the like, that results from any of the payments set forth in this Agreement. <br />3.3 CORTEZ acknowledges and agrees that Defendants and their counsel have at no <br />time prior to this settlement made any representations concerning the possible consequences of <br />the Settlement Amount upon her or her parents' ability to obtain any financial aid, loans, grants, <br />financing, etc., irrespective of the intended or actual use or purpose of any such financial aid, <br />loans, grants, financing, etc. <br />4. Waiver of Fees and Costs: <br />4.1 The Parties separately and each agree that they shall bear their own attorney's <br />fees and costs incurred in connection with this Action, including but not limited to: (1) the <br />prosecution and/or defense of the Action, and the related cross -complaints; (2) the Parties' <br />discussions and negotiations regarding the claims, contentions, acts, and omissions that have <br />been separately alleged by CORTEZ and all claims related thereto; and, (3) the negotiation of <br />this Agreement, and no further claims or demands related thereto shall be made. <br />5. Release: <br />[si <br />