HomeMy WebLinkAboutResolution - 121564C - Settlement Offer By Westinghouse Electric Corporation - 12_15_1964 IFO§:jlm 111!5 C
' RESOLUTION
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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 Norther
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, with
out any express admission of liability in the sum of ONE HUNDRED NINE THOU-
SAND THREE HUNDRED FIFTY SIX AND NO/100 ($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 $109,356.00 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 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 R 1964.
MMAX O E,, Mayor
AT
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Lav nia Lowe, qty Secret ry-Treasurer
APPROVED:
Fred O. Senter, Jr.., C' At orney
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AGREEMENT, dated , 19 , between
CITY OF LUBBOCK, TEXAS (the Customer) and
WESTINGHOUSE ELECTRIC CORPORATION (Westinghouse) .
The Customer has heretofore asserted claims against
Westinghouse, 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,
alleging that excessive prices were charged for certain elec-
trical 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 out-
come and would unduly consume the time of personnel whose ser-
vices are required in the performance of other duties. They
therefore desire to settle and compromise the 'Claittms 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
ti-s
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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 Westing-
house without costs.
3. This Agreement shall not be construed as a release
by the Customer of Westinghouse or 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.
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IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be signed by their duly authorized represen-
tatives as of the day and year first above written.
CITY OF LUBBOCK, TEXAS
By
Att MAYOR co<T:• ApprovedApprovedod
<< Cirr Vtornoy
Ciy Secretary- reasurer WESTINGHOUSE ELECTRIC CORPORATION
By
ce es en
Attest :
Asb1stant Secretary��
F.M
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 $ 109,356.0o, 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 Westing-
house 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, 202350 202360 20238, 20239, 2024o,
20241, 203480 203490 20350, 20361, 203620 203630 203640 203980
20399, 204000 20401, 2o402, 20488, 20508 and Civil Actions Nos.
27716, 277170 277180 27722, 27723, 27724, -28o88, 28o89, 28o9o,
28105: 28106, 28107, 20108, 28198, 2820a, 282280 282290 28565,
and 28744.
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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, 19611
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 , '19 64•
CITY OF LUBBOCK, TEXAS ••
By22;k
Att MAYOR {
<< kww Approval
City Secretamy-41reasurer r'
City Aftornsy
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