HomeMy WebLinkAbout1971-12-27 63-Z ORDER63-2
Introduced by Councilor branches, Inc. 27, 1971
CITY OF BANGOR
(TUTEE.) Mrltgrt ...AKthpixzxbg-.the...City Manager to,,,Accep[ a Check fx,m Cayuga__.
,,, ppck S 1C Cmpauys d Srg Covens C
Not to Sae i Settlement of a Claim
....... ...... ....
By the City Cosetil of Ow City of BmNim:
ORDERED,
TEAT the City Manager is hereby authorized to accept a check in
settlement of a claim the City has against Cayuga Rock Salt Company and
to sign the attached covenant not to sue.
STATEMENT OF PACT: In 1965, suit was brought on behalf of Caught and other
Maine municipalities against four salt companies, alleging price-fixing.
Settlements have already been made with three companies. The claim against
Cayuga Rock Salt Company was
a comparatively small o a
The settlement figure
agreed upon is $.564 per ton.Sanger purchased 813 tons which means
settlement of $458.53, less a pro rata share of expenses and counsel fees,
which are presently not known. The covenant not to sue is a step necessary
to secure the settlement.
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63-Z
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RECEIVED
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1971 DEC 22 AX 9.07
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F negNS OFFICE-
aITY
CITYAIvTitle,
aP.
Npiti[ -
0
City na..g.ei to So
all. Check from Cayuga
IN CITY COONCIL
...Ma,
Bec. 27, 1971
PASS®
Rock Salt Co. and
Sign Cwenant Not to
SVe in Settlement
o£ Claim
CITY Cy...
Introdu
d Filed by
e
.'
..�
-
.CBuncilman
R1VINAM'1' Nn'f TO 'nIU
KNOW ALL MLN BY 'THSSC' PRESEtTS:
That City ofBangor (hereinafter
referred to as "Customer"), for and in cinnsideration of the
shim of One Dollar ($1.00) and other good and valuable consideration
paid to it by Cayuga Rock Salt Co., the receipt of which
s hereby acknowledged, hereby coronaries for itself and its
and assigns, that it will forever refrain from
insl.ituting, prosecuting, maintaining, pressing or procecd.ing
against this Defendant, Cayuga Rock Salt Co.,or any of its
agonts, servants, officers, employees, subsidiaries, parents,
successors o r
assigns, upon any claims o s of action
of any nature what oever, whether or not now or hereafter
known, suspected or claimed, which Customer ever had, now
ha:: or hereafter can, shall or may'have or alleged against
this Defendant, Cayuga Rock Salt Co., or any of its agents,
scivants, officers, employs", subsidiaries, parents, successors
or signs based upon allegations of fraud, collusion, conspiracy
r false claims which might be asserted under the. Clayton
Act or any other federal or state antitrust law with respect
to or in connection with any purchase made or contracted
for by Customer, directly or indirectly, at any time prior
hereto, of salt used for deicing or water softening purposes.
And Customer hereby covenants and agrees that it
will forever refrain from instituting, permitting, maintaining,
pressing 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 c
shall o may have o allege based upon a"_legations o£ fraud,
collusion,, conspiracy or false claims wh'_ch might be asserted
under the Clayton Act or any other federal or state antitrust
law with respect to or inection with any purchase made
or contracted for by it, directly or end'rectly, from any
source at any time prior hereto, of any salt used for de-
icing or water softening purposes which was manufactured
or sold by the Defendant, Cayuga Rock Salt Co., or sold under
Defendant's trade name or trademark.
Tili n1truiunt shall not be c .rinwd an t, rN.case.
iho lit..Iamor : r ail 911'fe l ca ^' 01' actl 0-n st nst
J1 V. 1.vnRm (!. 'it
any pending actions other than a9ailut
„ ki 1:00l Sall and r- 9 tha ri qJ.t Lu proacad
,,1 �r I I i I rS 3 U 0 auy other parson, firm or QirporaLjon except
extent harei.nabove expressly set fell,.
IN WIL'I'NESS NIIERNOF, intending to be 1Cgally bound,
tilt. a,::folm r has caused this covenant to be executed this
ILLY of , 1991. _
By
Authorized Officer)
CERTIFICATION
The undersigned
name of certi ycnq o lcex
of City of Bangor
(title of certifying officer) (name of customer)
certifies that the execution by
(name of officer signing Covenant)
of this Customer
(title. of officer signing Covenant)
of the Covenant Not to Sue in the form annexed hereto has
been duly authorized by law or by the Council or other
governing body of this Customer is the act of the Customer.
Certf£yfng Officer