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67-081
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67-081
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Last modified
1/3/2012 12:36:03 PM
Creation date
6/26/2003 10:46:43 AM
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City Clerk
Doc Type
Resolution
Doc #
67-81
Date
6/5/1967
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Name of Customer CITY OF SANTA ANA <br /> <br />COVE~ANT NOT TO SUE <br /> <br /> WITNESSETH, that for and in consideration of the <br />payment by United Concrete Pipe Corporation, Smith-Scott Co., <br />Inc., Kaiser Steel Corporation, Martin-Marietta Corporation, <br />U. S. Industries, Inc. and United States Steel Corporation, <br />on behalf of them and of all of their subsidiaries, parents' <br />or affiliated companies, all successors and assigns, all <br />predecessor corporations, whether by merger, consolidation or <br />otherwise, and all of their past, present or future officers, <br />directors, agents and employees, all of such persons herein- <br />above referred to being beneficiaries hereof (hereinafter <br />jointly and severally referred to as "Suppliers") of the sum <br />of One Dollar and other valuable consideration to the under- <br />signed (hereinafter referred to as "Customer"), the receipt <br />of which is hereby acknowledged, Customer hereby covenants <br />and agrees that it will forever refrain from instituting, <br />prosecuting, maintaining, pressing, collecting or proceeding <br />against Suppliers upon any claims, controversies, actions, <br />causes of action, obligations or liabilities of any nature <br />whatsoever, whether or not now known, suspected or claimed <br />which Customer ever had, now has or hereafter can, shall or <br />may have or is alleged to have against Suppliers asserted <br />under the Clayton Act (15 U.S.C. ~§ 15, 15a and 26) or under <br />any other state or federal antitrust law, or based upon alle- <br />gations of fraud, collusion, conspiracy or false claims, per- <br />taining to purchases made or contracted for, directly or <br />indirectly, by Customer, or services rendered to Customer, <br />prior to May 5, 1967 of any "pipe products and pipe services" <br />as hereinafter defined. <br /> <br /> "Pipe products and pipe services" as used herein <br /> <br /> <br />
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