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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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contracts for the purchase of the aforesaid pipe products and <br />pipe services, which claims have been denied by Suppliers. The <br />consideration paid by Suppliers has been paid and accepted by <br />Customer solely as a partial adjustment of the aggregate pur- <br />chase price paid by Customer for direct or indirect acquisitions <br />by Customer of pipe products produced or sold or pipe services <br />performed by Suppliers. The aforesaid consideration is not a <br />measure of the amount of any damages that are or may be or might <br />be claimed by Customer, whether arising from sales of pipe or <br />performance of pipe services by Suppliers or others, or as a <br />result of acquisition of the same by Customer, and is not an <br />admission of liability to Customer for any such damages, which <br />liability is denied by Suppliers. It is also expressly under- <br />stood and agreed that the consideration paid to Customer is <br />predicated only upon sales of the aforesaid pipe products or <br />pipe services to Customer by Suppliers. <br /> <br /> Nothing contained in this covenant is or shall be <br />construed as a limitation on the right of Customer to introduce <br />into evidence at the trial of any action pending against any <br />person, firm or corporation other than Suppliers any matter or <br />fact relevant in said action, provided only that Customer shall <br />not seek any damages in said action on account of its purchase, <br />directly or indirectly, of pipe pr6ducts produced or sold, or <br />pipe services performed by, Suppliers. <br /> <br /> IN WITNESS WHEREOF, Customer has caused this covenant <br />to be executed this 5th day of June , 1967. <br /> <br />(official Seal) <br /> <br />CITY OF SANTA ANA <br /> <br />Name of Customer <br /> <br />By <br /> <br />ATTEST: <br /> <br /> <br />
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