12-29-2015 New Cingular Wireless Agreement of SettlementAGREEMENT OF SETTLEMENT & RELEASE BETWEEN
NEW CINGULAR WIRELESS PCS LLC
AND AVON, COLORADO
New Cingular Wireless PCS LLC ( "Claimant ") the Settlement Class as described below
and Avon ( "City ") enter into the following Agreement of Settlement and Release ( "Agreement ")
with regard to the Claim described and defined below.
WHEREAS, the Claimant and Settlement Class submitted to City a claim dated
November 1, 2010 seeking the refund of 53,710.59 in Local Sales Tax ( "Tax "), which Tax had
previously been collected by the Claimant from its customers on charges for data services
between November 1, 2005 and September 30, 2010, and which Tax previously was remitted by
the Claimant to City (the "Claim "); and
WHEREAS, City has asserted various defenses to the Claim, including but not limited to
an assertion that certain portions of the Claim are outside the limitations period for which a
refund of Tax is available under the City Municipal Code; and
WHEREAS, the Claimant is a party - defendant to the Global Class Action Settlement
Agreement approved by the United States District Court for the Northern District of Illinois in
Case No. 10- CV02278, pursuant to which the rights of the customers included in the Settlement
Class (the "Settlement Class ") have been established; and
WHEREAS, the Settlement Class includes but is not limited to customers from whom the
Tax was collected; which Tax is sought in the Claim; and
WHEREAS, the Claimant and City, while denying any liability, desire to resolve this
matter fully and finally as between the Claimant and City.
NOW, THEREFORE, the parties hereto mutually agree:
FIRST, the Claimant Settlement Class and City agree that this Agreement shall be final
with regard to any liability for Tax sought in the Claim.
SECOND, in lieu of an actual refund, City agrees to pay the refund as a credit against
future taxes as set forth in the next paragraph.
THIRD. City hereby grants a dollar for dollar credit to AT &T and its subsidiaries against
future sales tax in the amount of $3,500.00 in full satisfaction of any and all obligations with
respect to the Claim. That is, the City's payment of the $3,500.00 would be made by Claimant
offsetting and keeping, rather than remitting to the City, the monthly Tax remittance from future
Taxes billed to customers until the full $3,500.00 is paid. In exchange for this credit, the
Claimant and Settlement Class agree to release City from any further liability with regard to the
Claim and to dismiss the pending appeal before the State Department of Revenue.
FOURTH, this Agreement sets forth the entire understanding between the Claimant,
Settlement Class and City with respect to the subject matter hereof and supersedes any prior
negotiations, agreements, understandings or arrangements between them.
FIFTH, this Agreement shall be binding upon and inure to the benefit of the Claimant,
Settlement Class, and all of their respective former and current officers, employees and directors,
and respective successors and assigns.
SIXTH, each of the undersigned represents and warrants that he or she is fully authorized
to execute and deliver this Agreement on behalf of the party and in the capacity identified below.
SEVENTH, this Agreement may be signed in one or more counterparts and a facsimile or
email transmission of signature shall be the same as an original.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates shown below.
NEW CTNGULAR WMLESS PCS LLC
Date: By
Title:
AVON, COLORADO
Date:c4p-
ACKNOWLEDGMENT OF CONSENT-1 0 AGREEMENT:
Date: S
THE SETTLEMENT CLASS, BY AND
THROUGH SETTLEMENT CLASS
COUNSEL
Title:'