SUBSTITUTE ORDINANCE
WHEREAS, on the 14th day of September, 1994, the City Council (the "City Council") of the City of Chicago, Illinois (the "City") adopted an ordinance authorizing the City to enter into a "District Cooling System Use Agreement" (the "Original Agreement") with MDE Thermal Technologies, Inc. (formerly Exelon Thermal Technologies, Inc. and formerly before that Unicorn Thermal Technologies, Inc. and formerly before that Northwind, Inc., and referred to herein as "Grantee"), which grants to Grantee the non-exclusive right to use certain public ways of the City to construct, operate and maintain a district cooling system (the "System"); and
WHEREAS, the City and Grantee entered into the Original Agreement as of October 1, 1994; and
WHEREAS, on the 17th day of May, 1995, the City Council adopted an ordinance authorizing the City to enter into a "First Amendment to District Cooling System Use Agreement" (the "First Amendment"); and
WHEREAS, the First Amendment is dated as of June 1, 1995; and
WHEREAS, on the 13th day of July, 1995, the City Council adopted an ordinance authorizing the City to enter into a "Second Amendment to District Cooling System Use Agreement" (the "Second Amendment"); and
WHEREAS, the Second Amendment is dated as of July 15, 1995; and
WHEREAS, on the 10th day of January, 1996, the City Council adopted an ordinance authorizing the City to enter into a "Third Amendment to District Cooling System Use Agreement" (the "Third Amendment"); and
WHEREAS, the Third Amendment is dated as of February 1, 1996; and
WHEREAS, on the 6th day of March, 1996, the City Council adopted an ordinance authorizing the City to enter into a "Fourth Amendment to District Cooling System Use Agreement" (the "Fourth Amendment"); and
WHEREAS, the Fourth Amendment is dated as of April 1, 1996; and
WHEREAS, on the 16th day of April, 1996, the City Council adopted an ordinance authorizing the City to enter into a "Fifth Amendment to District Cooling System U...
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