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Agenda - Council - 11/06/1991 - Closed Executive
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Agenda - Council - 11/06/1991 - Closed Executive
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4/7/2025 9:40:27 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Title
Closed Executive
Document Date
11/06/1991
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government authorities upon disposal of any waste material at the <br />property shall be deducted from gross revenues prior to the <br />calculation of payments to be made hereunder." <br /> <br /> 5. The language in the Agreements which is quoted in <br />paragraph 4 of this Complaint was drafted by counsel for <br />Defendant, remained identical from the original draft Purchase <br />Price Payment Agreements through the executed copies, and that <br />particular language was never discussed by and between the <br />parties prior to execution of the Agreements. <br /> <br /> 6. The Agreements further provide that the required <br />monthly payments be "accompanied by a letter explaining the~ <br />balances on which said payments are made." <br /> <br /> 7. Commencing on or about March 21, 1985, Defendant began <br />making payments to Plaintiffs, ostensibly under the terms of the <br />Agreements. <br /> <br /> 8. During 1985, 1986, 1987, 1990 and 1991, Defendant has <br />deducted and continues to deduct from its gross revenues, prior <br />to calculating payments to be made to Plaintiffs, certain amounts <br />estimated to be necessary for Defendant to fulfill the <br />requirements of its license, of state statutes and of county <br />ordinances concerning Defendants' responsibilities for the <br />landfill site after deposition of waste materials on the landfill <br />site is terminated. <br /> <br /> 9. Those deducted amounts which are described in paragraph <br />8 are identified in Defendant's monthly statement as: 1. #Less <br /> <br /> <br />
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