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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