Description: |
december 10 1987 city of terre haute 261 section 5 service under this agreement shall commence as soon as practicable and company shall notify customer in writing as to the date on which service hereunder will commence the initial fixed term of this agreement during which customer shall take and company shall render service hereunder shall be ten 10 years from the said date when service commences hereunder and after the said initial fixed term of ten 10 years this agreement shall continue in force and effect for successive terms of one 1 year either one of the parties hereto upon at least sixty 60 days prior written notice to the other may terminate this agreement at the expiration of said initial fixed term often 10 years or at the expiration of any successive one-year term section 6 from and after the date when service commences under this agreement this agreement shall supersede any and all existing agreements between the parties hereto under the terms of which street lighting service is supplied by company to customer and all such agreements as to street lighting service or insofar as they cover such street lighting service shall be terminated and cancelled as of such date provided hpowever that such termination or cancellation shall preclude or destroy the right of either party hereto thereafter to commence an action and recover for any unpaid bills or other damages resulting from any breach of such agreement during the time the same was in force and effect section 7 all terms and stipulations heretofore made or agreed to in respect to street lighting service by company to customer subsequent to the commencement of service hereunder are merged into this written agreement and no previous or contemporaneous representations or agreement made by any officer agent representative or employee of company or customer shall be binding upon either party in connection with the rendering or receiving of street lihgting service hereunder unless contained herein section 8 the general terms and conditions for electric service of the company which are from time to time filed with and approved by the public service commission of indiana shall be deemed a part of this agreement and the conditions of service provided for herein the same as if such terms and conditions were specifically set forth herein section 9 this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns in witness whereof the parties hereto have caused quadruplicate copies of this agreement to be duly executed by their respective duly authorized agents and any required corporate seals to be duly affixed to such quadruplicate copies and properly attested all as of the day month and year first above written city of terre haute indiana board of public works and safety john p wooden vice president phyllis j richard secretary attest and seal phyllis j richard secretary public service company of indiana inc william e price manager and whereas all acts conditions and things precedent to the execution of the contract hereinbefore set forth have happened and been properly done in regular and due form as required by law and whereas said contract has been submitted by said board of public works and safety of the city of terre haute indiana to the common council of said city for its consideration and action thereon now therefore be it ordained by the common council of the city of terre haute indiana as follows to-wit section 1 the foregoing contract made and entered into on the 7th day of december 1987 between the board of public works and safety of the city of terre haute indiana and the public service company of indiana inc be and the same is hereby in all things ratified confirmed and approved section 2 this ordinance is passed on the same day and at the same meeting at which it is introduced and it is passed by the unanimous consent of all members of the common council present and there are present and voting at least two-thirds of the members elect of said common council section 3 this ordinance shall be in full force and effect from and after its passage passed by the common council this 10th day of december 1987 ray azar president |
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Source: |
http://indstate.contentdm.oclc.org/digital/collection/cth/id/322 |
Collection: |
City of Terre Haute |
Further information on this record can be found at its source.