R2002-168A AUTHORIZING AN AGREEMENT

Home Browse Search

� ' MEMBERSHIP AGREEMENT=JUUE, INC. I AMENDED-July 19,2000 • to the extent that said other obligated members have paid amounts in excess of their obligations under Section 2.4.1. ' 2.5. This Membership Agreement specifically recognizes and affirms that all rnunicipal members' liability for indemnification of the directors, officers or employees of the corporation or for indemnification of any other member or officer, agent, or �, employee of that member is limited to claims arising as a result of the acts or omissions I'� of the municipality or its officers, agents, or employees arising out of the operations of �I the municipality's underground utility facilities. �I 2.5.1 Further, no additional liability for a municipal member in relation to an Y other member with which the municipal member may have entered into a franchise agreement is hereby created by signing and entering into this Membership Agreement. 2.5.2 If any municipal member's liability for indernnification under a franchise agreemen� is narrower than the indemnification provisions as provided by this Membership Agreement, then the terms of the franchise agreement shall control. 2.5.3 Notwithstanding anything to the contrary contained within this Membership Agreement, the By-Laws and the Operating Rules and Regulations of JULIE, Inc., the Illinois State Statute found at 220 ILCS 50/11.5 shall be applicable and shall control the rights of JULIE, Inc. and any municipal member. 2.6 The votes of each member (determined in accordance with ARTICLE III. Members, SECTION 3. Voting Rights, of the By-Laws, and made a part of this Agreement) as of the time of the incident which is the subject matter of a claim shall be used to determine the ratios set forth in this section. The ratio for each member shall be a fraction the numerator of which is his vote as - 4 - �