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71-099
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71-099
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Last modified
1/3/2012 12:35:34 PM
Creation date
6/26/2003 10:46:46 AM
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City Clerk
Doc Type
Resolution
Doc #
71-99
Date
10/18/1971
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RELEASE AND COVENA~T NOT TO SUE <br /> <br /> The City of Santa Ana (hereinafter <br /> <br />referred to as "plaintiff"), in consideration of the payment <br /> <br />of the sum of One Dollar ($1) and other good and %aluable con- <br />sideration, receipt of which is hereby acknowledged, does <br />hereby release, acquit and fo'fever discharge Hersey Products, <br />Inc. and its predecessors, successors and assigns, and each <br />past or present, direct or indirect, partner, subsidiary, divi- <br />sion or affiliated corporation, 'and each of its past or present <br />employees, agents, representatives, officers or directors, and <br />any other person, firm, corporation or division now, previously, <br />or ~ereinafter affiliated with it-~.all of which are hereinafter <br />referred to as "Her~ey") from all ~laims asserted against <br /> <br />Hersey in Court Action No, (the "Action") in the United <br /> <br />States District Court for the Northei-n District of California <br />and f.rom all claims, whether or not presently known, which. <br />plaintiff ever had, now has, or hereinafter may have against <br />it and (a) which are or might have been asserted in that Action <br />or in any other of the water meter cases consolidated before <br />the Honorable George H. Boldt or (b) which are based upon, <br />connected with, or similar or relate'd to any of the matters <br />referred to in any 6f the pleadings, papers or other records <br />produced or filed in any of those cases and including any <br />claims arising under any of the federal or state antitrust <br /> <br />laws or any common or statutory law. .' <br /> <br /> Plaintiff covenants an'd 'agrees that it will ~orever <br />refrain from instituting, prosecuting, maintaining or pressing <br /> <br /> <br />
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