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HomeMy WebLinkAboutMinutes - City Council - Special - 12/15/1964502A DEC 15 1964 F r r r r 164-23-502A-1358A (la) a December 15, 1964 Lubbock, Texas SPECIAL CALLED MEETING: The City Council of the City of Lubbock, Texas, met at 2:00 O'clock p.m. in a special called meeting, the following members thereof being present, to -wit: Mayor Max Tidmore and Councilmen W. E. Alderson, Jack Kastman, Rolan Simpson, and W. E. Medlock, City Attorney Fred 0. Senter, Jr., City Manager William J. Pitstick, Jr. Absent: None. Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock has heretofore asserted claims against Allis-Chalmers Manufactur; Company more particularly set forth in the complaints in Civil Actions Nos. 2777 and 2784 in the United States District Court for the Northern District of Texas, Lubbock Division, and, WHEREAS, Allis-Chalmers Manufacturing Company has denied any liability to the City of Lubbock in respect of the claims, and WHEREAS, Allis-Chalmers Manufacturing Company and the City of Lubbock recognize that continued litigation of the claims to judgment would be long, costly, and of uncertain outcome, anc WHEREAS, Allis-Chalmers Manufacturing Company has offered to settle the claims of the City of Lubbock, as made under the above described complaints, without any express admission of liability in the sum of EIGHT THOUSAND EIGHT HUNDRED TWENTY SEVEN AND 26/100 ($8,827.26) DOLLARS, and WHEREAS, the City Council is of the opinion that said sum is adequate in settlement of said claims against Allis-Chalmers Manufacturing Company. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT for and in consideration of the premises herein stated the offer of payment of $8,827.26 made by Allis-Chalmers Manufacturing Company to settle the claims of the City of Lubbock set out in above described complaints, to which reference is here made and made a part hereof by such reference as though copied herein, be and is hereby accepted on behalf of the City of Lubbock and the Mayor be and is hereby authorized to execute any and all instruments necessary to effect settlement on behalf of the City of Lubbock. aPassed by the City Council this 15th day of December, 1964. r/?Cv joaol� ATTEST: Lavenia I!dUe, City Secretary -treasurer APPROVED: Fred 0. Senter, Jr., City Attorney AGREEMENT A KNOW ALL MEN BY THESE PRESENTS: MAX TIDMORE, Mayor That the CITY OF LUBBOCK, TEXAS, a Municipal corporation (hereinafter called "Purchaser"), for and in consideration of the sum of EIGHT THOUSAND SEVEN HUNDRED TWENTY SEVEN AND 26/100 DOLLAR. ($8,727.26) paid to it by the Allis-Chalmers Manufacturing Company, a Delaware corporation, as a voluntary price adjustment, the receipt of which is hereby acknowledged, hereby covenants and agrees, for itself and its successors and assigns, that it will forever refrain from instituting, ` prosecuting, maintaining, pressing, collecting, or proceeding against the said Allis-Chalm,v s Manufacturing Company, its agents, servants, officers, employees, successors or assigns, upon any claims or causes of action of any nature whatsoever whether or not now or hereafter known, suspected or claimed which Purchaser ever had, now has, or hereafter can, shall or may have or allege against the said Allis-Chalmers Manufacturing Company, its agents, servants, officers, employees, successors or assigns, based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted under the Clayton Act or otherwise, with respect to or in connection with any purchases made or contracted for by Purchaser at any time not later than December 31, 1960, of any of the following products: Power Switchgear assemblies Distribution transformers Instrument transformers Network transformers And Purchaser hereby further covenants and agrees that it will forever refrain from instituting, permitting, maintaining, pressing, collecting or proceeding against any other person, firm or corporation upon any claims or causes of action of any nature whatsoever, whether or not now or hereafter known, suspected or claimed, which it ever had, now has or hereafter can, shall or may have or allege based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted upon the Clayton Act or otherwise, with respect to or in connection with any purchases made or contracted for by it at any time not later than December 31, 1960, of any of the aforesaid products which were manufactured by the said Allis-Chalmers Manufacturing Company, or sold by the said Allis-Chalmers Manufacturing Company under the Allis- Chalmers Manufacturing Company trademark. It is expressly understood that this instrument shall not be construed as a release or discharge of, or an accord and satisfaction with, the said Allis-Chalmers Manufacturing Company 02B DFC 15 196A Manufacturing Company,II r as hereinabove stated, does not represent and shall not be construed as compensation for damages clamed to have been suffered by Purchaser with respect to purchases or contracts for the purchase of the products and for the period hereinabove enumerated and that Purchaser does not in any manner or in any respect waive or relinquish its right to proceed against any person, firm or corporation other than the said Allis-Chalmers Manufacturing Company, its agents, servants, officers, employees, successors or assigns, in respect to claims arising out of purchases of the aforesaid products, except to the extent expressly hereinabove set forth. IN WITNESS WHEREOF, Purchaser has caused this Agreement to be executed and delivered this the 19tkx day of December, 1964. CI L T S By J Mayor -City of Lubbock Attest: City Secretary AGREEMENT B KNOW ALL MEN BY THESE PRESENTS: That the CITY OF LUBBOCK, TEXAS, a municipal corporation (hereinafter called "Purchaser"), for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) paid to it by the Allis-Chalmers Manufacturing Company, a Delaware corporation, as a voluntary price adjustment, the receipt of which is hereby acknowledged, hereby covenants and agrees, for itself and its successors and assigns, that it will forever refrain from instituting, prosecuting, maintaining, pressing, collecting, or proceeding against the said Allis-Chalmers Manufacturing Company, its agents, servants, officers, employees, successors or assigns, upon any claims or causes of action of any nature whatsoever whether or not now or hereafter known, suspected or claimed which Purchaser ever had, now has, or hereafter can, shall or may have or allege against the said Allis-Chalmers Manufacturing Company, its agents, servants, officers, employees, successors or assigns, based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted under the Clayton Act or otherwise, with respect to or in connection with any purchases made or contracted for by Purchaser at any time not later than December 31, 1960, of any electrical or associated mechanical products for the generation and/or conversion and/or transmission and/or distribution of electric power other than power switchgear assemblies, distribution transformers, instrument transformers, and network transformers. And Purchaser hereby further covenants and agrees that it will forever refrain from instituting, permitting, maintaining, pressing, collecting or proceeding against any other person, firm or corporation upon any claims or causes of action of any nature whatsoover, whether or not now or hereafter known, suspected or claimed, which it ever had, now has or hereafter can, shall or may have or allege based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted under the Clayton Act or otherwise, with respect to or in connection with any purchases made or contracted for by it at any time not later than December 31, 1960, of any of the aforesaid products which were manufactured by the said Allis-Chalmers Manufacturing Company, or sold by the said Allis-Chalmers Manufacturing Company under the Allis-Chalmers Manufacturing Company trademark. It is expressly understood that this instrument shall not be construed as a release or discharge of, or an accord and satisfaction with, the said Allis-Chalmers Manufacturing Company or anyone else as to any claim or cause of action; that the sum paid by the said Allis-Chalmers Manufacturing Company, as hereinabove stated, does not represent and shall not be construed as compensation for damages claimed to have been suffered by Purchaser with respect to purchases or contracts for the purchase of the products and for the period hereinabove enumerated and that Purchaser does not in any manner or in any respect waive or relinquish its right to proceed against any person, firm or corporation other than the said Allis-Chalmers Manufacturing Company, its agents, servants, officers, employees, successors or assigns, in respect to claims arising out of purchases of the aforesaid products, except to the extent expressly hereinabove set forth. IN WITNESS WHEREOF, Purchaser has caused this Agreement to be executed and delivered this the 18th day of December, 1964. CI M By - MAX TIDMME, Mayor ATTEST: Lavenia Lowe, City Secretary -Treasurer 4-23-502E-1358B Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore " (lb) and Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock has heretofore asserted claims against General Electric Company more particularly set forth in the complaints in Civil Actions Nos. 2777 and 2784 in the United States District Court for the Northern District of Texas, Lubbock Division, and WHEREAS, General Electric Company has denied any liability to the City of Lubbock in respect of the claims, and WHEREAS, General Electric Company and the City of Lubbock recognize that continued litigation of the claims to judgment would be long, costly, and of uncertain outcome, and WHEREAS, General Electric Company has offered to settle the claims of the City of Lubbock# as made under the above described complaints, without any express admission of liability in the sum of SIX THOUSAND AND NO/100 ($6,00 .00) DOLLARS, and WHEREAS, the City Council it of the opinion that said sum is adequate in settlement of said claims against General Electric Company. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT for and in consideration of the premises herein stated the offer of payment of $6,000.00 made by General Electric Company to settle the claims of the City of Lubbock set out in above 502( DEC 15 1964 r r r though copied herein, be and is hereby accepted on behalf Mayor be and is hereby authorized to execute any and all settlement on behalf of the City of Lubbock. of the City of Lubbock, and the instruments necessary to effect Passed by the City Council.this 15th day of December, 1964. 1 ATTEST: / l//!/ ell&y Lavenia Lowe, City Secretary -Treasurer APPROVED: Fred 0. Senter, Jr., City Attorney AGREEMENT between CITY OF LUBBOCK, TEXAS and GENERAL ELECTRIC COMPANY MAX TIDMORE, Mayor THIS AGREEMENT, made and entered into as of the 15th day of December, 1964 by and between CITY OF LUBBOCK, TEXAS (hereinafter referred to as "Customer") and GENERAL ELECTRIC COMPANY (hereinafter referred to as "GE"). WITNESSETH: A. Whereas, there are pending certain civil actions brought by Customer against GE and other corporations which seek recoveries under the Clayton Act on account of purchases by Customer of certain products, said actions and the products to which they relate being listed below: 2777 Power transformers 2784 Power switchgear assemblies; circuit breakers; power switching equipment; industrial control equipment; turbine -generator units B. Whereas, the following products were the subject of certain indictments returned against GE and othersduring the year 1960 in the United States District Court for the Eastern District of Pennsylvania, and Customer may have claims against GE and others by reason of purchases of some or all of such products: (1) Large outdoor oil and air circuit breakers (2) Power switchgear assemblies (3) Power transformers (4) Turbine -generator units (5) Insulators (6) Distribution transformers (7) Low voltage distribution equipment (8) Low voltage power circuit breakers (9) Watthour and demand meters (10) Industrial control equipment (11) Instrument transformers (12) Network transformers (13) Power capacitors (14) Power switching equipment (15) Lightning arresters and lightning arrester accessories (16) Isolated phase bus and isolated phase bus structures (17) Bushings and bushing accessories (18) Navy and marine switchgear (19) Open fuse cutouts and open fuse cutout accessories NOW, THEREFORE, in consideration of the premises and the mutual undertakings and promises of the parties as hereinafter set forth, it is agreed as follows: 1. The following definitions of terms shall be applicable to this Agreement: (a) "General Electric Company" or "GE" shall mean the General Electric Company and all of its subsidiaries, affiliated companies and agents. (b) "Customer" shall mean the City of Lubbock, Texas. (c) "Product" shall mean any product mentioned in the preambles of this Agreement. (d) "Product of GE origin" shall mean a product manufactured by the General Electric Company or sold under the General Electric trademark. (e) "Purchase" when used as a noun shall mean a contract to purchase and when used as a verb shall mean entry into a contract to purchase, in either case without regard to whether delivery of the product has been accomplished. 2. GE shall, within ten (10) days after final execution of this Agreement, pay Customer the sum of $6,000 in settlement of the civil actions set forth in Paragraph A, and in settlement of any other claim Customer might assert against GE under the Clayton Act or any other provision of a state or federal antitrust law in connection with any purchases made or contracted for by Customer at any time not later than December 31, 1960 of any of the products mentioned in the preambles of this Agreement. 3. Upon receipt of the amounts payable by GE hereunder, Customer will execute a covenant not to sue in the form annexed hereto as Exhibit I. and hereby made a part hereof and, within thirty (30) days after such execution, Customer will move the Federal District Court for the Northern District of Texas for an order (1) dismissing, without prejudice, as against GE, each civil action described in Preamble A. without court costs to either party, and (2) dismissing as against all other defendants in such actions so much of each action as asserts claims for damages based upon purchases by Customer of products of GE origin. 4. It is understood and agreed that neither this Agreement nor the covenant not to sue to ___ be executed in connection herewith shall constitute or be construed as a release or discharge i02b DFC 151964 action and Customer hereby reserves all rights against GE and any and all co-defendants and alleged co-conspirators of GE except as set forth in said covenant. 5. It is expressly understood and agreed (a) that GE does not concede, and it expressly denies, any liability of GE to Customer, (b) that any amount to be paid hereunder does not constitute any measure of liability of GE and/or of any other defendant in the civil actions heretofore described, (c) that the amount to be paid hereunder is less than the amount by which Customer has computed it was overcharged by GE for orders placed during the periods identified in the complaints in the civil actions listed in Preamble A. and (d) that this Agreement is made as a voluntary adjustment in order to dispose of a matter of possible contention between the parties. I 6. This Agreement cannot be changed or terminated orally and merges all prior understandings, representations and undertakings between the parties hereto: 7. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed according to, the law of the State of New York. 8. ?attached hereto and made a part hereof is a certified copy of a board resolution or other certificate verifying that the governing body of Customer has authorized the settlement of these claims by the officer signing this Agreement and Covenant on behalf of Customer. IF WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CI .Or BBOCJ, By MAf TI OR Title Mayor _ Attest: ��r/U City of Lubbock Secretary -Treasurer (Seal) GENERAL ELECTRIC COMPANY By /s/ Hoyt P. Steele Title Vice President Attest: /s/ James P. Schroff (Corporate Seal) Attesting Secretary EXHIBIT I. COVENANT WITNESSETH, that for and in consideration of the payment by the GENERAL ELECTRICCCMPANY of tle sum of one dollar and other valuable considerations to: CITY OF LUBBOCK, TEXAS (hereinafter referred to as Customer), the receipt of which is hereby acknowledged, Customer hereby covenants and agrees that it will forever refrain from instituting, prosecuting, maintaining, pressing, collecting or proceeding against the General Electric Company, or any of its subsidiary companies or affiliated companies or agents, upon any claims, controversies, actions, causes of action, obligations and liabilities of any nature whatsoever whether or not now or hereafter known, suspected or claimed which Customer, or any of its subsidiaries or affiliated companies or agents ever had, now has, or hereafter can, shall or may have or alleged against the General Electric Company or its subsidiary companies or affiliated companies or agents based upon allegations of fraud, collusion, conspiracy or false claims which might be asserted under the Clayton Act or otherwise, with respect to or in connection with any purchases made or contracted for by Customer at any time not later than December 31, 1960, of any of the following products: Large oil and air circuit breakers Power switchgear assemblies Power transformers Turbine -generator units Insulators Distribution transformers Low voltage distribution equipment Low voltage power circuit breakers Watthour and demand meters Industrial control equipment Instrument transformers Network transformers and network protectors Power capacitors Power switching equipment Lightning arresters and lightning arrester accessories Isolated phase bus and isolated phase bus structures Bushings and bushing accessories Navy and marine switchgear Open fuse cutouts and open fuse cutout accessories And Customer hereby further covenants and agrees that it will forever refrain from instituting, permitting, maintaining, pressing, collecting or proceeding against any other person, farm or corporation upon any claims, controversies, actions, causes of action, obligations and liabilities of any nature whatsoever, whether or not now or hereafter known, suspected or claimed, which Customer, or any ofayits subsidiaries or affiliated companies, ever had, now has or orralserc�Iamss�aiiichorm�gt�tvasserteegnderate GZaytonl�ttiorsotherwise; witkzurespecto�sopiracy or in connection with any purchases made or contracted for by it at any time not later than December 31, 1960 of any of the aforesaid products which were manufactured by the General Electric Company, or its subsidiaries, or affiliated companies, or agents, or sold by the General Electric Company or any of its subsidiaries of affiliated companies or agents under the General Electric trademark. Tt is dmvn-ran ccl tr 7in rlarctnnA that Chic icha11 not IN rnnet riieA 0c 0 rol o0aa of th 50 DEC 15 196 General Electric Company or anyone else as to any claim or cause of action; that the sum paid by the General Electric Company, as hereinabove stated does not represent and shall not be construed as compensation for the damages claimed to have been suffered by Customer with respect to purchases or contracts for the purchase of the products and for the period hereinabove enumerated and that Customer does not in any manner or respect waive or relinquish its right to proceed against any person, firm or corporation, other than the General Electric Company and all of its subsidiaries and affiliated companies or agents, in respect to claims arising out of purchas of the aforesaid products, except to the extent expressly set forth herein. IN WITNESS WHEREOF, CITY OF LUBBOCK, TEXAS has caused this Covenant to be executed this 15th day of December, 1964. C I BBO(�, T s By f MAX DM Attest. plaz4&OV; Title for orporate ea City of Lubbock Secretary -Treasurer 64-23-502E-1358C Motion by Councilman Alderson, seconded by Councilman Simpson, motion carried, Mayor Tidmore and (lc) Councilmen Alderson, Kastman, Simpson, and Medlock voting Yea, none voting Nay, that the following Resolution be passed. RESOLUTION WHEREAS, the City of Lubbock has heretofore asserted claims against Westinghouse Electric Corporation more particularly set forth in the complaints in Civil Actions Nos. 2777 and 2784 in the United States District Court for the Northern District of Texas, Lubbock Division, and WHEREAS, Westinghouse Electric Corporation has denied any liability to the City of Lubbock in respect of the claims, and WHEREAS, Westinghouse Electric Corporation and the City of Lubbock recognize that continued litigation of the claims to judgment would be long, costly, and of uncertain outcome, and WHEREAS, Westinghouse Electric Corporation has offered to settle the claims of the City of Lubbock, as made under the above described complaints, without any express admission of liability in the sum of ONE HUNDRED NINE THOUSAND THREE HUNDRED FIFTY SIX AND N01100 ($109,356.00) DOLLARS, and WHEREAS, the City Council is of the opinion that said sum is adequate in settlement of said claims against Westinghouse Electric Corporation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT for and in consideration of the premises herein stated the offer of payment of $109,356.0 made by Westinghouse Electric Corporation to settle the claims of the City of Lubbock set out in above described complaints, to which reference is here made and made a part hereof by such referenc as though copied herein, be and is hereby accepted on behalf of the City of Lubbock, and the Mayor be and is hereby authorized to execute any and all instruments necessary to effect settlement on behalf of the City of Lubbock. Passed by the City Council this 15th day of December, 1964.�,/� MAX TIDMORE, Mayor ATTEST: �ZleW ell r �r Lavenia Lowe, City Secretary- reasurer APPROVED: Fred 0. Senter, Jr., City Attorney AGREEMENT, dated December 15, 1964, between CITY OF LUBBOCK, TEXAS (the Customer) and WESTINGHOUSE ELECTRIC CORPORATION (Westinghouse). The Customer has heretofore asserted claims against Westinghouse, more particularly set forth j in the complaints in Civil Actions Nos. 2777 and 2784 in the United States District Court for the Northern District of Texas, Lubbock Division, alleging that excessive prices were charged for certain electrical equipment purchased by the Customer (such claims, actions and equipment being hereafter referred to as the Claims, the Actions and the Equipment). Westinghouse has denied any liability to the Customer in respect of the Claims. The parties hereto recognize that litigation of the Claims to judgment would be long, costly and of uncertain outcome and would unduly consume the time of personnel whose services are required in the performance of other duties. They therefore desire to settle and compromise the Claims upon the basis hereinafter set forth. In consideration of the premises and of the mutual promises herein contained, the parties agree as follows: 1. The aggregate purchase price paid by the Customer for the Equipment shall be adjusted downward and, for this purpose, Westinghouse will refund to the Customer the sum of One hundred Nine Thousand Three Hundred and Fifty -Six Dollars ($109,356.00), in five equal installments, the first installment to be paid within 30 days of the Date hereof and additional installments to be paid annually thereafter until the entire sum has been paid. 2. The Customer will (a) forthwith deliver to Westinghouse a covenant not to sue, in the form annexed hereto as Exhibit A; (b) promptly move the United States District Court in which the Actions are pending for an order or orders dismissing the Actions as against Westinghouse without costs. 2" anyone else as to any claim or cause of action. 4. It is expressly understood that Westinghouse has not conceded and does not hereby concede that it has engaged in any illegal or wrongful activity, that it has any liability (other than the obligation hereby assumed) to the Customer in respect of the Claims or that the Customer has sustained any damage by reason of any of the acts complained of in the Actions. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CI BOCK T S■ By f YO Attest: `���l�u City Secretary -Treasurer WESTINGHOUSE ELECTRIC CORPORATION By, /s/ Cavin Buyers _ Vice President Attest: /s/ J. A. Barlvel Assistant Secretary EXHIBIT A COVENANT NOT TO SUE City of Lubbock, Texas (herein called the Customer}, in consideration of the agreement by Westinghouse Electric Corporation (such Corporation and its subsidiary and affiliated companies and agents being herein separately and collectively called Westinghouse) to refund to the Customer the sum of $109,356.00, covenants and agrees that it will forever refrain from instituting, reinstituting, maintaining or prosecuting any action or proceeding against Westinghouse upon any claims, under the Clayton Act or otherwise, whether or not presently known, which it may have against Westinghouse based upon charges of collusion or conspiracy with respect to or in connection with any purchase from any source made or contracted for prior to January 1, 1961 by the Customer or by any other person, firm or corporation, of any product described in a judgment roll in any of the following actions instituted by the United States of America in the United States District Court for the Eastern District of Pennsylvania: Criminal Actions Nos. 20234, 20235, 20236, 20238, 20239, 20240, 20241, 20348, 20349, 20350, 20361, 20362, 20363, 20364, 20398, 20399, 20400, 20401, 20402, 20488, 20508 and Civil Actions Nos. 27716, 27717, 27718, 27722, 27723, 27724, 28088, 28089, 28090, 28105, 28106, 28107, 28108, 28198, 28200, 28228, 28229, 28565, and 28744. The Customer further covenants and agrees that it will forever refrain from instituting, reinstituting, maintaining or prosecuting any action or proceeding against any other person, firm or corporation upon any claims, under the Clayton Act or otherwise, whether or not presently known, based upon charges of collusion or conspiracy with respect to or in connection with any purchase made or contracted for prior to January 1, 1961, by the Customer or by any other person, firm or corporation of any of the aforesaid products which was manufactured or sold by Westinghouse or sold under the Westinghouse trade name or trademark. This instrument shall not be construed as a release; and, as the above -stated sum will be paid and received solely as an adjustment of the aggregate purchase price paid by the Customer for products manufactured or sold by Westinghouse and not as damages, the Customer reserves all rights to proceed against or sue any other person, firm or corporation, except to the extent hereinabove expressly set forth. IN WITNESS WHEREOF, the Customer has caused this Covenant to be executed this 18th day of December, 1964. „ Attest: City Secretary -Treasurer NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM SPECIAL CALLED MEETING, DECEMBER 15, 1964. MAX I ORE, Mayor ATTEST: LOLL! Lavenia L e, City Secre ary-Treasurer READ AND APPROVED THIS THE 14th DAY OF January , 1965. '4"' ZXJ4.x' MAX TID ORE, Mayor ATTEST: Y . /C�)/Y 1.7 - AG��" I Z___ �Lavenia owe, City Se etary-Treasurer G [I]