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CCR19862065 RESOLUTION #206-86 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 9th DAY OF September , 1986. "a n - City Clerk 9/86 jm NON-WAIVER AGREEMENT (Muskego Sanitary Landfill) The City of Muskego has notified Wausau Insurance Companies Environmental Protection Agency and that benefits contained in that certain inquiries have been made by the United States the Wausau policies from January 1, 1976 through January 1, 1982 and January 1, 1986 through January 1, 1987 are applicable to the possible claims. Commencing with the execution of this agreement, the City of Muskego and Wausau Insurance Companies will cooperate in the accumulation of information relevant to whether benefits exist; and if so, the extent of the benefits. The City of Muskego and Wausau Insurance Companies agree that neither this agreement nor their respective efforts to investigate, evaluate, cooperate or settle with respect to either the government's claim or benefits applicable under the policies shall in any way prejudice, waive, or 'estop their respective abilities to enforce all rights and obligations against the other, as set forth within said policies, as though no such agreement or conduct had occurred. a WAUSAU INSURANCE COMPANIES DATE CITY OF MUSKEG0 Mayor Wayne G. Salentine DATE NON-WAIVER AGREEMENT (Muskego Sanitary Landfill) The City of Muskego has notified Wausau Insur certain claims have been made against it by Environmental Protection Agency and that be and January 1, 1986 through January 1, 1987 a the Wausau policies from January 1, 1976 thr claims. the City of in the and if so, the extent of the benefits. investigate, respect to either the government's claim or the policies shall in any way estop their respective abilities to obligations against the other, as set as though no such agreement or conduct had occurred / ,/' /