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07/16/2013AP
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07/16/2013AP
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Last modified
10/6/2025 2:59:54 PM
Creation date
3/23/2016 8:59:31 AM
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Template:
Meetings
Meeting Type
Agenda Packet
Document Type
Minutes
Meeting Date
07/16/2013
Meeting Body
Board of County Commissioners
Book and Page
274
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000F\S0004NH.tif
SmeadsoftID
14222
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• Elster's General Terms and Conditions attached hereto as Exhibit B shall apply to all <br />products furnished by Elster hereunder and such terms shall be supplemented by the <br />(W Elster Meter Warranty with respect the meters (including the batteries in the meters). <br />Elster shall not be responsible for any additional warranties given by third parties; <br />provided, however, that nothing herein shall waive, modify or otherwise adversely affect <br />IR�U's rights ol1 r remedies under such third party warranties. <br />IRCU hereby releases Elster from any liabilities, claims or actions it had, has, or may <br />have relating to the Elster products provided prior to the date hereof; provided, however, <br />that this release shall become effective only upon Elster's provision of the meters as <br />contemplated above. Nothing herein shall prevent or prohibit IRCU from seeking to <br />enforce the terms of this agreement. <br />• Elster will supply IRCU with three "spare" meters free of charge to be used for parts or to <br />temporarily replace meters sent back to Elster for warranty repairs or replacement. <br />• If any terms hereof are stricken by any court of competent jurisdiction, the remaining <br />terms shall remain and govern. <br />IN WITNESS WHEREOF, the parties hereto have executed this Remedy Agreement as <br />of July 15, 2013. <br />[SIGNATURES ON NEXT PAGE] <br />
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