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Home My WebLink About2000-55 MUNICIPALITY OF CLARINGTON BY-LAW 2000- 55 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 25th day of April 2000. By-law read a third and finally passed this 25th day of April 2000. MIMI THIS THIRD AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 25th day of April,2000. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") - and- BLUE CIRCLE CANADA INC. ('Blue Circle") PRINCIPLES OF UNDERSTANDING WIIEREAS: OF THE FIRST PART OF THE SECOND PART 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. N C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. D. The Parties have agreed to amend paragraph 24 of the Principles to further extend the Unwinding Date 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 Party 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 April 30, 2000 to May 31,2000,provided that such Unwinding Date may be extended from time to time upon the agreement of each of the respective solicitors for the Parties, on behalf of their clients, with such agreement to be confmned by each of the respective solicitors giving written notice to the other by telefax with the Unwinding Date to be extended to the date specified in such notices but the Unwinding Date shall not be later than June 30,2000. All other terms and conditions of the Principles shall remain the same and time shall be of the essence. The aforesaid written notices shall be telefaxed to: Blue Circle's Solicitors Weir&Foulds Barristers and Solicitors Exchange Tower, Suite 1600 130 King Street West Toronto, ON M5X 1J5 Attention: Mr. Wayne Rosenman Facsimile No.: 416-365-1876 -3- The Municipality's Solicitor Mr. Dennis Hefferon Barrister& Solicitor 130 Adelaide St. West, Suite 2500 Toronto, Ontario M5H 2M2 Facsimile No.: 416-868-0306 and shall be effective when they are telefaxed. 2. This Third 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. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BLUE CIRCLE CANADA INC. Per: Per: Name: Title: Name: Title: THIS THIRD AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 25th day of April, 2000. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") IWIN BLUE CIRCLE CANADA INC. ('Blue Circle") PRINCIPLES OF UNDERSTANDING WHEREAS: OF THE FIRST PART OF THE SECOND PART 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. -2- C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. D. The Parties have agreed to amend paragraph 24 of the Principles to further extend the Unwinding Date 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 Party to the others (the receipt whereof by each Parry 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 April 30,2000 to May 31, 2000,provided that such Unwinding Date may be extended from time to time upon the agreement of each of the respective solicitors for the Parties, on behalf of their clients, with such agreement to be confirmed by each of the respective solicitors giving written notice to the other by telefax with the Unwinding Date to be extended to the date specified in such notices but the Unwinding Date shall not be later than June 30,2000. All other terms and conditions of the Principles shall remain the same and time shall be of the essence. The aforesaid written notices shall be telefaxed to: Blue Circle's Solicitors Weir&Foulds Barristers and Solicitors Exchange Tower, Suite 1600 130 King Street West Toronto, ON M5X 1J5 Attention: Mr. Wayne Rosenman Facsimile No.: 416-365-1876 -3- The Municipality's Solicitor Mr. Dennis Hefferon Barrister& Solicitor 130 Adelaide St. West, Suite 2500 Toronto, Ontario M5H 2M2 Facsimile No.: 416-868-0306 and shall be effective when they are telefaxed. 2. This Third 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. SIGNED, SEALED AND 1 1 in the presence of THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk BLUE CIRCLE CANADA INC. 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