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HomeMy WebLinkAboutResolution - 121564A - Settlement Offer By Allis-Chalmers Manufacturing Company - 12_15_1964 J FOStj]xn IZIA50qtj w . RESOLUTION �r WHEREAS, the City of Lubbock has heretofore asserted claims-against Allis-Chalmers Manufacturing Company more particularly set forth in the com- plaints 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 Lubboclk recognize that continued litigation of the claims to judgment would be long. costly., and of,uncertain outcome,. and WHEREAS, Allis-Chalmers Manufacturing Company has offered to settle th claims of the City of Lubbock, as made under the above described complaints, with out any express admission of liability in the sum of EIGHT THOUSAND EIGHT HUN DRED 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 th 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. Passed by the City Council this 15th day of December 1964. MIAX—TALMORE, Mayor ATTEST�2, Lave is Lowe, City Secretary-Treasurer APPROVED: Fred O. Senter, Jr., C' Attorney A G R E E M E N T A ALL MEN BY THESE PRESENTS; That the CITY OF LUBBOCK, TEXAS a Municipal corporation (herein- afrer called "Purchaser") , for and in consideration of the sum of EIGHT THOUSAND SEVEN HUNDRED TWENTY SEVEN AND 26/100 - - - - - -DOLLARS G 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, maintain- ing, pressing, collecting, or proceeding against the said Allis-Chalmers Manufactur- i. g Company, its agents, servants, officers, employees; successors or assigns, upon ary claims or causes of action of any nature whatsoever whether or not now or here- -"-r known, suspected or claimed whict, Purchaser ever had, now has, or hereafter ra , 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 :=rom 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 claimec, which it ever had, now, has or hereafter can, shall or may have or allege .ar��d upon allegations of fraud, collusion, conspiracy or false claims which might ,.;; asserted upon the Clayton Act or otherwise, with respect to or in connection with v • ~ i 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 Manufactur- ing 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 _ 19th day of December 196 4 CITY OF LUBBOCK, TEXAS By- Mayor — City of Lubbock Eam AMoved Attest: r !Ca City Secrete y AGREEMINT B KNOW ALL MEN BY THESE PRESENTS: That the CITY OF LUBBOCK$ TEXAS a municipal corporation (herein- after 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 j power switchgear assembliesg distribution transformers, instrument transformers, and network transformers. I i And Purchaser hereby further covenants and agrees that it will forever refrain from insti- tuting, 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 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 Manufactur- ing Company trademark. 1 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 Lsaid Allis-Chalmers Manufactur- ing Company, as hereinabove stated does hot cepreseint and shad not be construed as compensa- tion for damages claimed to have been suffered by Purchaser with respect to purchases or con- tracts 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 CITY OF LUBBOCK9 TEXAS By .C, MAX TIDMORE, Mayor Attest: . AAPrA-nid t7ly Ana W L venia Lowe, City Secretary-Treasurer - 2B .