Reso 0279-06/1967 ~'i/l:]:~z . SAN MARCOS COUNTy WATER DISTRICT
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Name of Customer SAN MARCOS COUNTY WATER DISTRICT
COVENANTNT NOT TO SUE
WITNESSETH, that for and in consideration of the
payment by United Concrete Pipe Corporation, Smith-Scoft CO.,
Inc., Kaiser Steel Corporation, Martin-Marietta Corporation,
U. S- Industries, Inc. and United States Steel Corporation,
on behalf of them and of all of their subsidiaries, parents
or affiliated companies, all successors and assigns, all
predecessor corporations, whether by merger, consolidation or
otherwise, and all of their past, present or future officers,
directors, agents and employees, all of such persons herein-
above referred to being beneficiaries hereof (hereinafter
jointly and severally referred to as "Suppliers") of the sum
of One Dollar and other valuable consideration to the under-
signed (hereinafter referred to as "Customer"), the receipt
of which is hereby acknowledged, Customer hereby covenants
and agrees that it will forever refrain from instituting,
prosecuting, maintaining, pressing, collecting or proceeding
against Suppliers upon any claims, controversies, actions,
causes of action, obligations or liabilities of any nature
whatsoever, whether or not now known, suspected or claimed
which Customer ever had, now has or hereafter can, shall or
may have or is alleged to have against Suppliers asserted
under the Clayton Act (15 UoS.C. §§ 15, 15a and 26) or under
any other state or federal antitrust law, or based upon alle-
gations of fraud, collusion, conspiracy or false claims, per-
taining to purchases made or contracted for, directly or
indirectly, by Customer, or services rendered to Customer,
prior to May 5, 1967 of any "pipe products and pipe services"
as hereinafter defined.
"Pipe products and pipe services" as used herein
shall mean all those types and kinds of pipe and pipe services
which are defined in the complaints of the State of California
as amended (Civil Nos. 43403 through 43407), in the United
States District Court for the Northern District of California,
and such other and different types of pipe and pipe services
as (1) may have been designated as a basis for a claim by or
on behalf of Customer in its response to Suppliers' transac-
tion interrogatories and which designation was not withdrawn
with consent of Suppliers or approval of the Court, or (2) was
claimed by or on behalf of Customer for verification by Suppliers.
Without limiting the generality of the foregoing definition,
"pipe services" shall include coating, lining, processing and
rehabilitation of pipe products or any of such activities.
Customer hereby expressly reserves all of its rights
to sue and otherwise to proceed in any manner against any per-
son, firm Or corporation, Other than Suppliers, with respect
to claims and causes of action arising out of the acquisition
by Customer of pipe products and pipe services made or con-
tracted for at any time prior to May 5, 1967, provided that
in exercising any rights of Customer, Customer covenants and
agrees that it will not seek or recover from any person, firm
or corporation any damages or other compensation of the type
or character hereinbefore referred to, resulting from, or
claimed to have resulted from any acquisition, direct or indirect,
by Customer of any pipe products or pipe services manufactured,
sold or rendered by Suppliers.
It is expressly understood and agreed that this in-
strument is not and shall not be construed as a release of
Suppliers or of anyone else as to any claim or cause of action;
that the consideration paid by Suppliers does not represent and
shall not be construed as compensation for any damages claimed
to have been suffered by Customer with respect to purchases or
contracts for the purchase of the aforesaid pipe products and
pipe services, which claims have been denied by Suppliers. The
consideration paid by Suppliers has been paid and accepted by
Customer solely as a partial adjustment of the aggregate pur-
chase price paid by Customer for direct or indirect acquisitions
by Customer of pipe products produced or sold or pipe services
performed by Suppliers. The aforesaid consideration is not a
measure of the amount of any damages that are or may be or might
be claimed by Customer, whether arising from sales of pipe or
performance of pipe services by Suppliers or Others, or as a
result of acquisition of the same by Customer, and is not an
admission of liability to Customer for any such damages, which
liability is denied by Suppliers. It is also expressly under-
stood and agreed that the consideration paid to Customer is
predicated only upon sales of the aforesaid pipe products or
pipe services to Customer by Suppliers.
Nothing contained in this covenant is or shall be
construed as a limitation on the right of Customer to introduce
into evidence at the trial of any action pending against any
person, firm or corporation other than Suppliers any matter or
fact relevant in said action, provided only that Customer shall
not seek any damages in said action on account of its purchase,
directly or indirectly, of pipe products produced or sold, or
pipe services performed by, Suppliers.
IN WITNESS WHEREOF, Customer has caused this covenant
to be executed this 5th day of June , 1967,
SAN MARCOS COUNTY WATER DISTRICT
Name of Customer
By Oby ~n/c ard, President of the
Hoard ofc~irectors of the San Marcos
ATTEST: County Water District
Secretary, C.J. Houson
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