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MUNICIPALITY OF CLARINGTON
BY-LAW 2000- 28
Being a by-law to authorize the execution of an Agreement
to amend the Principles of Understanding between
Blue Circle Canada Inc., and the Municipality of Clarington
dated November 3, 1997
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on
behalf of the Corporation of the Municipality of Clarington and seal with the
corporate seal, an Agreement to amend the Principles of Understanding between
Blue Circle Canada Inc. and said Corporation; and
2. THAT the Agreement attached hereto as Schedule "A"form part of this By-law.
By-law read a first and second time this 21 St day of February 2000.
By-law read a third and finally passed this 21St day of February 2000.
MAY
_* CIPAL CLERK
THIS SECOND AMENDING AGREEMENT TO THE PRINCIPLES OF
UNDERSTANDING made as of this 21 st day of February,2000.
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
("Municipality")
OF THE FIRST PART
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BLUE CIRCLE CANADA INC.
("Blue Circle")
OF THE SECOND PART
PRINCIPLES OF UNDERSTANDING
WHEREAS:
A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated
November 3, 1997 provide for the Principles to terminate and have no force and effect in the event
that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in
paragraph 8(b)of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date").
B. By the First Amending Agreement to the Principles of Understanding dated December 13,
1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from
December 31, 1999 to February 29, 2000 on the terms set out therein.
t
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C. The Parties have agreed to amend paragraph 24 of the Principles to extend the Unwinding
Date from February 29, 2000 to April 30, 2000 on the terms set out below.
NOW THEREFORE WITNESSETH THAT in consideration of the premises and the
covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now
paid by each Parry to the others (the receipt whereof by each Party is hereby acknowledged), the
Parties hereto covenant and agree to and with each other as follows:
1. Paragraph 24 of the Principles is hereby amended to extend the Unwinding Date provided
for therein from February 29,2000 to April 30, 2000 with all other terms and conditions of
the Principles to remain the same and time to remain of the essence.
2. This Second Amending Agreement to the Principles of Understanding may be executed by
the Parties in counterpart.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written and the Parties hereto have hereunto affixed their corporate seals by
the hands of their proper officers duly authorized in that behalf.
s
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SIGNED, SEALED AND ) THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
DELIVERED )
in the presence of ) Mayor
Cle
BLUE CIRCLE CANADA INC.
Per:
Name: Title:
Per:
Name: Title:
Q:\HEFFERON\CLARING\COVE.RD\BLUECIR.AM2