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HomeMy WebLinkAbout23 - Settlement Agreements - Northwestern Energy - Griffin Drive and Manley Road Improvements SETTLEMENT AGREEMENT AND RELEASE KNOW ALL MEN BY THESE PRESENTS, That in consideration of the sum of $97,301. 84 DOLLARS to be paid by NorthWestern Corporation d/b/a NorthWestern Energy ("NWE") , to the City of Bozeman ("Claimant") . Claimant hereby releases and discharges NWE, its successors and assigns, directors, officers, agents, subsidiaries, employees, insurers and attorneys of and from any and all damages, claims, demands or causes of action of whatever name or nature, existing or which may hereafter arise as a result a project dispute for the Griffin Drive and Manley Road Improvements relating to a conflict between existing and relocated overhead utilities and proposed traffic signal infrastructure and street lighting in Bozeman, Montana. The receipt of said sum is hereby acknowledged to be in full payment, satisfaction and discharge of any and all damages, claims, demands or causes of action (whether known or unknown) , arising or growing out of said occurrence or accident and in full compromise settlement of any and all liability of NWE, its officers, agents, subsidiaries, and employees, on account thereof. It is expressly understood that there is no agreement not expressed on the face hereof concerning any further consideration to the undersigned by NWE or any of its agents, and that no agent or representative of NWE has power or authority to promise or agree to any other or further consideration than that stated herein. Claimant hereby acknowledges that the above-mentioned sum has been paid to compromise a disputed claim, and that neither payment of this sum nor any of the negotiations which preceded it shall be considered as an admission of liability on the part of NWE, which liability is expressly denied. Dated this��day of 2023 . A Claimant's Signature: Printed Name & Position: NorthWestem North Western Corporation Phone: (406) 497-3333 1529898 d/b/a North Western Energy Toll-Free#: 1-800-663-2292 Energy 11 E Park St Fax: 1406)497-2960 Butte MT 59701-1 71 1 Email: accountspayable@northwestern.COM CITY OF BOZEMAN Payment No.: 202249315 20 E OLIVE Payment Date: 08/08/2023 BOZEMAN, MT 59771 Company Code: IVITIJ Vendor No.: 266459 Page: 1 of 1 :Invoice NUM b er GrrsssAM600*V b *' c*OU;rit N: :A tlate: Text ........... ................... .......... ........... ........ ....... Please accept this check as settlement for the items listed below subject to the goods and services supplied and the invoice therefore being correct. CKRAUG9730184 08/07/2023 190586277 97,301.84 0.00 97,301.84 817123 c1aim#g1nwe2023012984 ----------------------- Check Total.............................. $ 97,301.84 DETACH FROM CHECK AND KEEP FOR YOUR RECORDS Northwestern Northwestern Corporation US Bank Miamisburg,Ohio 1529898 d/b/a NorthWestern Energy usbank.com 56_503/422 Energy 11 E Park St 08/08/2023 Butte MT 59701-1 71 1 PAY TO THE ORDER OF CITY OF BOZEMAN $ --97,301.84 ***NINETY-SEVEN THOUSAND THREE HUNDRED ONE & 84/100 DOLLARS CITY OF BOZEMAN 20 E OLIVE BOZEMAN, MT 59771 lie I 5 2 98 9130 1:0 L, 2 20 50 381: 130 10 30 L 2 3 5 2110