ENFORCEMENT OF THE SETTLEMENT AGREEMENT. In the event that one or more of the Parties to this Settlement Agreement institutes any legal action, arbitration, or other proceeding against any other Party to enforce the provisions of the Settlement Agreement, the successful Party or Parties shall be entitled to recover reasonable attorneys’ fees and costs from the unsuccessful Party or Parties, including expert witness fees, incurred in connection with any such enforcement action.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. Any party may enforce the terms of the settlement agreement by judicial proceedings.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. Before seeking any order by the Court concerning any alleged violation of the provisions of this Settlement Agreement that are enforceable by the Court, the parties must comply with the following procedures:
1. The party seeking enforcement of any of the provisions of this Settlement Agreement that are enforceable by the Court shall serve on the opposing party a written notice that describes with particularity the term(s) of the Settlement Agreement that are alleged to have been violated, the specific errors or omissions upon which the alleged violation is based, and the corrective action sought. The party alleging the violation shall not inform the Court of the allegation at that time.
2. The parties shall make their best efforts to resolve the matter in dispute without the Court’s involvement. If requested to do so, the party who served the notice shall provide to his opponent any information and materials available to the noticing party that support the violation alleged in the notice. Upon receipt of a notice, the counsel for the parties agree to meet and confer, and otherwise to work with their clients within forty-five
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. 67. This Settlement Agreement is enforceable only by the parties and is binding upon the parties, by and through their officials, agents, employees, assigns, and successors.
68. Upon execution of this Settlement Agreement, the DOJ shall file a Complaint in the United States District Court for the District of Hawaii, and file contemporaneously a Joint Motion for Stipulated Conditional Dismissal of the Complaint pursuant to Federal Rule of Civil Procedure 41(a)(1). A copy of this Settlement Agreement shall be attached to the Joint Motion for Stipulated Conditional Dismissal and that motion shall:
(1) request that the Court conditionally dismiss the Complaint in accordance with the terms of this Settlement Agreement;
(2) request that the Court place the case on its inactive docket; and (3) request that the Court retain jurisdiction over the case until final dismissal with prejudice in accordance with the terms of this Settlement Agreement.
69. At fifteen (15) months from the effective date of the Settlement Agreement, if the Monitor makes a specific written determination that the State has not made material progress toward substantial compliance with Section III of the Settlement Agreement, the DOJ may, but is not required to, seek reinstatement of the Complaint. However, before the DOJ may seek to reinstate the Complaint, the DOJ shall give notice to the State of its intent to seek reinstatement of the Complaint, and the parties shall engage in good-faith discussions to resolve the dispute. The parties shall attempt in good faith to mediate the dispute with the Monitor for a minimum of thirty (30) days prior to the DOJ seeking the reinstatement of the Complaint. The terms of this Settlement Agreement are not subject to state or federal court enforcement other than the reinstatement of the Complaint. The DOJ shall have no action or remedy available for the State’s breach of this Settlement Agreement other than the reinstatement of the Complaint. The DOJ commits to work in good faith with the State to avoid enforcement actions. In case of an emergency posing an immediate threat to the health or safety of a detainee, however, the DOJ may omit the notice and cure requirements herein before seeking reinstatement of the Complaint.
70. After thirty (30) months from the effective date of this Settlement Agreement, if the DOJ believes that the State has failed to substantially comply with any obligation under this Settlement Agreement, the DOJ will give the State wri...
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. 99. This Settlement Agreement is enforceable only by the parties and is binding upon the parties, by and through their officials, agents, employees, assigns, and successors.
100. In the event of failure by the State to comply with this Settlement Agreement in whole or in part, the DOJ retains the right to seek appropriate judicial relief in federal court. Prior to seeking such relief, the DOJ will provide the State written notice of the breach. The DOJ may seek judicial relief if the State fails to cure such breach within 60 days from receipt of the written notice of the breach. However, in the case of an emergency posing an immediate threat to the health and safety of Ft. Bayard residents, the DOJ may omit the notice and cure requirements herein before seeking judicial action.
101. Failure by any party to enforce this entire Settlement Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of its right to enforce other deadlines and provisions of this Settlement Agreement.
102. To the extent that any of the legal authorities cited in this Settlement Agreement (e.g., federal statutes, regulations, or case law) are amended or superceded, this Settlement Agreement shall be amended accordingly.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. This Agreement is subject to enforcement under Rule 1.700, et seq. of the Florida Rules of Civil Procedure, as the result of a court-ordered mediation conference. The Agreement is the collective product of the Parties, and shall not be construed against any Party as the drafter.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. In the event that one or more of the Parties to this Settlement Agreement institutes any legal action, arbitration or other proceeding against any other Party or Parties to enforce the provisions of this Settlement Agreement or to declare rights and/or obligations under this Settlement Agreement, the prevailing Party or Parties shall be entitled to recover from the non-prevailing Party or Parties reasonable attorneys’ fees and costs, including expert witness fees incurred in connection with any enforcement actions. The Parties agree that no new action need be commenced for the purpose of enforcing the provisions of this Settlement Agreement and that any Party may seek the recovery of fees and/or costs upon noticed motion therefor. The Parties agree that time is of the essence with regard to the performance of all terms in this Settlement Agreement and that all dates and deadlines set forth herein are deemed material terms and exchanged and considerations for all other terms.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. In the event that one or more of the Parties to this Settlement Agreement institutes 26 any legal action, arbitration, or other proceeding against any other Party or Parties to enforce the 27 provisions of this Settlement Agreement or to declare rights and/or obligations under this 1 Settlement Agreement, the successful Party or Parties shall be entitled to recover from the 2 unsuccessful Party or Parties reasonable attorneys’ fees and costs, including expert witness fees 3 incurred in connection with any enforcement actions. 4
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. In the event of a dispute concerning the rights or obligations under the SETTLEMENT AGREEMENT, the PARTIES shall first meet and confer in a good faith attempt to resolve the matter. In the event those efforts are unsuccessful and one or more of the PARTIES attempts to institute any legal action or other proceeding against any other PARTY or PARTIES to enforce the provisions of this SETTLEMENT AGREEMENT or to declare rights and/or obligations under this SETTLEMENT AGREEMENT, the successful PARTY or PARTIES shall be entitled to recover from the unsuccessful PARTY or PARTIES reasonable attorneys’ fees and costs, including expert witness fees incurred in connection with any enforcement actions. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Case 5:08-cv-00881-M Document 244-1 Filed 05/31/11 Page 43 of 58 Case 5:08-cv-00881-M Document 244-1 Filed 05/31/11 Page 44 of 58 Claim ID: [Claim ID] [Name] [Mailing Address 1] [Mailing Address 2] [City, State ZIP] The gross estimated amount of my potential settlement allocation is: $XXXX.XX. I understand that an amount necessary to pay employer and employee taxes will be withheld from fifty percent (50%) of this payment because it is considered wage income.
ENFORCEMENT OF THE SETTLEMENT AGREEMENT. Notwithstanding anything to the contrary and subject to the dispute mechanism provision set forth in this Settlement Agreement, the RWJPA, Xxxxxxxx, and Xxxxxxxxx are not precluded from enforcing the terms and conditions of this Settlement Agreement, which such enforcement shall not be deemed an Interference Action as defined herein. In addition, to the extent that non-parties Wilkin County and Richland County possess enforceable rights under this Settlement Agreement, actions to enforce such rights shall not be deemed to be an Interference Action as defined herein.
