Saturday, March 17, 2012

MORE ORIGINAL PAGES FROM THE SWEETHEART DEAL



I had promised to post the whole 22 pages of this October 7, 1991 "Settlement Agreement " aka "sweetheart deal" but I'm having troubles with the mechanics. At the moment I've posted the first (front) page and page #15 RELEASES here on February 21 & 22, 2012. Today I'm quoting exerpts from pages #12, 14 and 16 of the following Nov. 4, 1991 Amended Control Order which show that it is subservient to the Settlement Agreement and I'm also including an exerpt from page #16 of the Settlement Agreement/sweetheart deal titled ENTIRE AGREEMENT.

Starting with page #12 of the Amended Control Order: "d) The longterm collection and treatment system referred to in paragraph 3(a) shall be implemented and paid for in accordance with the Settlement Agreement."

Page #14 of the same document "(f) The waste materials referred to in paragraph 5(a) will be further dealt with in accordance with the Settlement Agreement."

Page #16 same document "(c) Further investigation of DNAPL shall be carried out in accordance with the Settlement Agreement. The costs of the further investigation shall be paid for in accordance with the Settlemnt Agreement."

I'm now over to the actual "Settlement Agreement" or sweetheart deal. Page #16
21.0 ENTIRE AGREEMENT
21.1 With respect to the subject matter of this Agreement, this agreement (a)sets
forth the entire agreement between the parties and any persons who have in the past or
who are now representing either of the parties(b) supercedes all prior understandings and
communications between the parties or any of them, oral or written, and (c) constitutes
the entire agreement between the parties. each party acknowledges and represents that
this Agreement is entered into after full investigation and that no party is relying upon
any statement or representaionmade by any other which is not embodied in this
Agreement. each party acknowledges that it shall have no right to rely upon any
amendment, promise, modification, statement or representation made or occurring
subsequent to the execution of this Agreement unless the same is in writing and executed
by each of the parties.

Remember the first three quotes (pgs. #12, 14 & 16) are from the Amended Control Order which was produced one month AFTER the private two party Settlement Agreement between Uniroyal and the Ontario M.O.E. These quotes within the body of the Control Order show that these three cleanup items are subservient or "in accordance with" the Settlement Agreement of Oct. 7, 1991.

Secondly the 21.0 ENTIRE AGREEMENT within the Settlement Agreement clearly spells out that that document is preeminent and can not be overuled or trumped by any other document whatsoever. Therefore as the Settlement Agreement is paramount, hence it's page #15 RELEASES is as well. This page categorically states that Uniroyal are indemnified ie. off the hook for all "presently aware" contamination as of October 1991 on their Elmira site.

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