CCR1994004COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #4-94
AUTHORIZE EXECUTION OF NON-WAIVER AGREEMENT BETWEEN CITY
AND WAUSAU INSURANCE COMPANY
(Muskego Sanitary Landfill)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
authorize the Mayor to execute the attached Non-Waiver Agreement
between the City of Muskego and Wausau Insurance Company
pertaining to certain claims which may be made by the United
States Environmental Protection Agency regarding the Muskego
Sanitary Landfill.
DATED THIS llTH DAY OF JANUARY , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #4-94 which was adopted by the Common Council of the
1/94 jmb
NON-WAIVER AGREEMENT
(Muskego Sanitary Landfill Site)
The City of Muskego has notified Employers Insurance of Wausau that certain
benefits contained in the Employers Insurance of Wausau policies from
claims have been made against it by USEPA/M-K Investors/Anamax and that
January 1, 1376 thrsugh January 1, 1394 &re applicable to tha claims
Commencing with the execution of this agreement, the City of Muskego and
Employers Insurance of Wausau will cooperate in the accumulation of
benefits
information relevant to whether benefits exist, and if so, the extent of the
Pending this mutual agreement or disagreement concerning the existence and
extent of obligations under the insurance contract, the City of Muskego and
Employers Insurance of Wausau agree that Wausau will participate in the
defense of the City of Muskego, for any adjudicatory proceeding, if so
requested, as though such policies are applicable The City of Muskego and
EmDlovers Insurance of Wausau aeree that Wausau mav cancel this undertaking ., -
upon 30 days notice
-
The City of Muskego and Employers Insurance of Wausau agree that neither this
agreement nor their respective efforts to investigate, evaluate, cooperate or
settle with respect to the claims or benefits applicable under the policies
enforce all rights and obligations against the other, as set forth within
shall in any way prejudice, waive or estop their respective abilities to
said policies, as though no such agreement or conduct had occurred.
Mayor David L. De Angelis 1/14/94