R-79-243 - 10/11/1979RESOLUTION NO. A43k
WHEREAS, the City of Round Rock has filed a claim against
Bu Corporation arising out of an agreement by Burroughs
to sell to the City a Burroughs B -80 computer system, and
WHEREAS, a suit was filed in Cause No. A -79 -CA -0079 in the
United States District Court for the Western District of Texas,
Austin Division, which suit has been subsequently dismissed, and
WHEREAS, the City and Burroughs have reached a Compromise
and Settlement Agreement dated May 24, 1979, resolving the afore-
said claims and, pursuant to that agreement, the City of Round
Rock, Texas, has agreed to grant a release to Burroughs Corpor-
ation for any causes of action arising prior to the date of the
Compromise and Settlement Agreement, and
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WHEREAS, the Council now wishes to execute said release to
Burroughs, NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT
The Mayor is hereby authorized and directed to execute on
behalf of the City of Round Rock a Release to be presented to
the Burroughs Corporation, a copy of said Release being attached
hereto and incorporated herein for a purposes.
�2ESOl.UeO TNIS // 34Y DF DC Gam, / ' 7/9
L. •NN, Mayor
W / .1 / // /_' 7∎ /_i
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City of Round Roc
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON
I.
II.
FULL AND FINAL RELEASE
WHEREAS, the City of Round Rock has heretofore made or
filed claims against Burroughs Corporation including, but not
necessarily limited to, a claim for deceptive trade practices
arising from an agreement by Burroughs Corporation to sell, and
by the City of Round Rock to buy, a Burroughs B -80 computer system
dated March 31, 1978.
WHEREAS, there hasbeen filed and is presently pending
Cause No. A -79 -CA -0079 in the United States District Court for
the Western District of Texas, Austin Division, City of Round Rock,
Texas v. Burroughs Corporation, in which suit the City of Round
Rock demands judgment against Burroughs Corporation for damages
allegedly suffered by alleged deceptive acts and practices by
Burroughs Corporation.
WHEREAS, the City of Round Rock, joined by its attorney,
Stephan Sheets, and Burroughs Corporation have reached a Compromise
and Settlement Agreement dated May 24, 1979, resolving these
claims and, pursuant to that agreement, the City of Round Rock,
Texas, has agreed to grant a release to Burroughs Corporation for
any causes of action arising prior to the date of the Compromise
and Settlement Agreement.
IV.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the
City of Round Rock, Texas, by its Mayor Larry Tonn, for the sole
consideration of the promises contained in the Compromise and
Settlement Agreement dated May 24, 1979, does hereby RELEASE, REMISE,
ACQUIT and FOREVER DISCHARGE Burroughs Corporation and all other
persons, firms, associations and corporations whatsoever from any
and all manner of action or actions, cause or causes of action,
suits, controversies, claims, demands, damages and claims for
damages of every kind and character whatsoever, that it has or
could have against Burroughs Corporation or all other persons,
firms, associations and corporations whatsoever arising out of
or which in any manner whatsoever might or could grow out of any
of the facts that form the hasis of the City of Round Rock's claim
in Cause No. A -79 -CA -0079.
V.
This release is fulfillment of part 6 of the Compromise
and Settlement Agreement between the City of Round Rock, Texas,
and Burroughs Corporation and shall not be construed to affect
any rights the City of Round Rock, Texas, may possess under that
Agreement.
VI.
It is further agreed that this release and its recitations
shall not be interpreted as an admission of liability on the part of
Burroughs Corporation or any other person, firm, association or
corporation, but liability is expressly denied, the Compromise and
Settlement Agreement out of which this Release arises being entered
into to avoid expenses and terminate all controversies as to all
parties, regardless of the extent of the damages, whether or not
ascertained or developed.
The City of Round Rock, Texas, by its Mayor Larry Tonn,
has executed this full and final release on the advice of its under-
signed attorney, Stephan Sheets, and the City of Round Rock, Texas,
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relies entirely on his advice and its own belief and knowledge
of the nature and extent of its rights in connection with the above
mentioned claim and suit in making this release; and no representation
and no statement about such claim or suit by any attorney, agent, or
representative of Burroughs Corporation has influenced it to make
this full and final release, said release being solely the product
of the Compromise and Settlement Agreement of May 24, 1979.
Executed by the City of Round Rock, Texas, on the
16e: day of ane 1979.
ATTEST:
My ) COMmS2 n Expires:
`7r�o a to 1' 9
(L. S.)
. CITY OF ROUND ROCK, TEXAS
i
By:
-3-
Its: Mayor
T
Stephan Sheets, City Attorney
THE STATE OF TEXAS
BEFORE ME, the undersigned authority,
COUNTY OF WILLIAMSON )
on this day personally appeared Larry L. Tonn, Mayor of the City of
Round Rock, Texas, a municipal corporation, known to me to be the
person whose name is subscribed to the foregoing'instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated
and as the act and deed of said municipal corporation.
G(i GIVEN UNDER MY HAND and SEAL OF OFFICE on this the
day, o,f';J 1979.
NOTARY(/PUBLIC in and for
Williamson County, Texas