Laserfiche WebLink
6.1. - Page 4 of 9 <br />SETTLEMENT AND RELEASE AGREEMENT <br />This SETTLEMENT AND RELEASE AGREEMENT (the "Agreement"), dated and effective as <br />of October 8. 2020 ("Effective Date"), is by and between Sensus USA Inc., a Delaware corporation <br />("Sensus"), and the City of Redwood City, California, a municipal corporation and charter city of the State <br />of California ("City"). <br />WHEREAS, the City has purchased approximately seven thousand two hundred (7,200) Sensus <br />iPERL water meters (the "Meters"); and <br />WHEREAS, a potential dispute arose between Sensus and the City regarding the Meters (the <br />"Di_ shute"); and <br />WHEREAS, following good faith negotiations, Sensus and the City have agreed to resolve the <br />Dispute on the terms and conditions set forth in this Agreement. <br />NOW THEREFORE, in consideration of the mutual agreements set forth below and other good <br />and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, Sensus <br />and the City hereby agree as follows: <br />1. Recitals. The recitals set forth above are hereby incorporated into and made a part of this <br />Agreement. <br />2. Replacement Meters. <br />a. Replacement Meters. At no cost to the City, Sensus will provide the City with up <br />to seven thousand two hundred (7,200) replacement iPERL water meters to replace the Meters <br />(collectively, the "Replacement Meters"). The Replacement Meters will be of like sizes necessary <br />to replace the Meters. <br />b. Warranty on Replacement Meters. Sensus' standard limited warranty attached <br />hereto as Exhibit A will apply to all Replacement Meters. <br />C. Disposal of Meters. Upon replacement with Replacement Meters, Sensus will take <br />possession and ownership of all replaced Meters ("Replaced Meters"). Sensus will scrap the <br />Replaced Meters or take such other action as Sensus deems appropriate and Sensus will own all <br />amounts generated by such activity. <br />3. Installation of Replacement Meters. Sensus will contract with a third party to install all <br />Replacement Meters at Sensus' cost and expense. The City will be responsible for its own direct and <br />indirect costs and expenses incurred in connection with the replacement. <br />a. Project Management. The third -party contractor engaged by Sensus will be <br />responsible for overseeing the installation and will act as a point of contact for the City. <br />b. Route Data. The City will provide Sensus or the third -party contractor with route <br />data from billing to create work orders for the replacement. <br />ATTY/AGREEMENTS/SETTLEMENTS/SETTLEM ENT& RELEASE AGREEMENT WITH SENSUS USA INC. <br />REV: 10-07-2020 MI <br />Page 1 of 4 <br />412 <br />