HomeMy WebLinkAboutResolution - 051365A - Claim Settlement - Square D Company - 05_13_1965 �¢A' FOS:kks OT No"
RESOLUTION
WHEREAS, the City of Lubbock has heretofore asserted claim against the
Square D Company, et al, more particularly set forth in the complaint in Civil
Action Number 2784 in the United States District Court for the Northern District
of Texas, Lubbock Division, and
WHEREAS, the Square D Company has denied any liability to the City of
3,(� Lubbock in respect to such claim, and
WHEREAS, The Square D Company and the City of Lubbock recognize that
continued litigation of the claim to judgment would be long, costly, and of uncertai
outcome, and
WHEREAS, the Square D Company has offered to settle the claim of the
City of Lubbock, as made under the above described complaint, without any expre s
admission of liability in the sum of One Hundred Fifty and no/100 ($150. 00) Dollar
and
WHEREAS, the City Council is of the opinion that said sum is adequate in
settlement of its said claim against the Square D 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 One Hundred Fifty and no/100 ($150. 00) Dollars made by the Square
D Company to settle the claim of the City of Lubbock set out in the above describe
complaint, to which reference is here made and made a part hereof by such ref-
erence 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 instru-
ments necessary to effect settlement on behalf of the City of Lubbock.
Passed by the City Council this the 13th day of May, 1965.
AX T f DMORE, Mayor
ATTEST:
Laven' Lowe, City cretary Treasurer
APPROVED: J
red O, Senter, Jr. , C'YfAttorney
_
r
.c
.x.. t
r'1 -
4 � COVENANT NOT TO SUE
THE CITY OF LUBBOCK, TEXAS (herein called Lub-
bock) , in consideration of the payment to it by Square D
Company (such Company and its subsidiaries and agents
being herein separately and collectively called Square D)
of the sum of One Dollar ($1.00) and other good and valu-
able consideration, the receipt of which is hereby ac-
knowledged, covenants and agrees that it and its subsid-
iary and affiliated corporations and its assigns will for-
ever refrain from instituting, reinstituting, maintaining
or prosecuting any action or proceeding against Square D
upon any claims , under the Clayton Act or otherwise, whether
or not presently known, which it has had, now has, or may
hereafter have against Square D .based upon charges of col-
lusion or conspiracy with respect to, or in connection with,
or in any way affecting, any purchase from any source made,
or contracted for prior to January 1, 1961, by Lubbock or
by any other person, firm or corporation, of any product
described in the court records in any of the following ac-
tions instituted by the United States of America in the
United States District Court for the Eastern District of
Pennsylvania: Criminal Actions Nos. 20398 and 20400 and
I_ I
Civil Actions Nos, 28198 and 28200.
Lubbock further covenants and agrees that it
and its subsidiary and affiliated corporations and its
assigns will forever refrain from instituting, reinsti-
tuting, maintaining or prosecuting any action or proceed-
ing against any other person, firm or corporation upon
i
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 or
in any way affecting any purchase made or contracted for
prior to January 1, 1961, by Lubbock or by any other per-
son., firm or corporation of any of the aforesaid products
which were manufactured or sold by Square D or sold under
the Square D trade name or trademark.
This instrument shall not be construed as a re-
lease; and, Lubbock reserves all rights to proceed against
or sue any other person, firm or corporation except to
the extent hereinabove expressly set forth.
IN WITNESS ITHEREOF, Lubbock has caused this Cov-
enant to be executed this 13th day of May 1965.
THE CITY OF LUBBOCK, TEXAS
By r)"e?a'1
Attes .
:-AYOR
City Secretary
2-