IT IS HEREBY ORDERED THAT Sample Clauses

IT IS HEREBY ORDERED THAT. The Motion is granted as set forth in this Final Order.
Sample 1
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IT IS HEREBY ORDERED THAT. 2 1. This Case is dismissed with prejudice. The Parties shall bear their own attorney’s fees 3 and costs, except as provided by the Agreement. 4 2. The Agreement is hereby incorporated by reference in this Order, and all terms or 5 phrases used in this Order shall have the same meaning as in the Agreement. 6
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IT IS HEREBY ORDERED THAT i. The First Defendant’s Notice of Application filed on 07 September 2020 is dismissed. ii. The Claimant’s Notice of Application filed on 07 September 2020 is granted and the First Defendant to make an interim payment in the sum of  Payment on application for IPC #10 in the sum of $751,716.94;  Payment of retention in the sum of $464,348.41;  Payment for loss/damage in the sum of $3,848,274.00; and  Payment for loss of profit in the sum of $255,785.60. iii. A Stay of execution of the Orders at (i) and (ii) above is granted for forty-two (42) days. iv. The Second Defendant’s Notice of Application filed on 07 October 2020 is dismissed. v. The Second Defendant’s Notice of Application filed on 27 October 2020 and the consequential amendments of paragraphs (3) and (4) in the Amended Notice of Application filed on 07 January 2020 is dismissed. vi. The Judgment in default entered against the Second Defendant on 30 September 2020 is stayed for a period of forty-two (42) days from the date of this Order. vii. The First Defendant is to file its Defence on or before a period of forty-two (42) days from the date of this Order failing which Judgment will be granted against the First Defendant on the entirety of the Claimant’s claim on an application by the Claimant. viii. The costs of the four Applications in an amount to be assessed by the Court, if not agreed, are to be paid by the First Defendant and Second Defendant respectively to the Claimant.
Sample 1
IT IS HEREBY ORDERED THAT. 17 1. The Settlement Class is certified for the purposes of settlement only. The Settlement 18 Class is hereby defined as: 19 All individuals within the United States whose name and personal payment card information was potentially exposed to unauthorized third-parties as a result of the 20 Data Security Incident that occurred between approximately February to October of 2021.
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IT IS HEREBY ORDERED THAT. 2 1. This Order incorporates by reference the definitions in the Agreement. 3 2. The Court preliminarily approves the Agreement and finds, on a preliminary basis, 4 that the proposed settlement, including the consideration provided, the distribution formula 5 described for determining settlement payments, and the amounts allocated to fees, expenses, and 6 service awards, is fair, reasonable, and adequate. The Court further finds that the settlement has 7 been reached through arms-length, non-collusive bargaining among counsel for Plaintiffs and 8 Defendants with the use of mediators. 9 3. The Court has already certified a class and subclasses in this case. Pursuant to Code 10 of Civil Procedure § 382, the Court modifies the class definition in this case, for settlement purposes 11 only, as follows: 12 All former tenants of Defendants who moved out during the Class Period from whom Defendants withheld more than $125.00 of their security deposits 13 other than for Unpaid Rent and Utilities. 14 The following are excluded from the Settlement Class: (a) Any persons who were evicted; (b) Any 15 persons who have previously settled their claims with Defendants; (c) the Court and its staff; (d)
Sample 1
IT IS HEREBY ORDERED THAT a) The Amendment to the Settlement is accepted and approved in all respects. b) The court-appointed Monitor’s Engagement is extended pursuant to the terms of the Amendment. c) Western Union shall provide the transaction data described in paragraph 17 of the Settlement Agreement, paragraph 32.5 of the Monitor Engagement Letter, and paragraph 17.1.6 of the Amendment to the State, the Monitor, and Participating States, as applicable, pursuant to the terms of this Order and the Settlement Agreement and the Amendment. d) The original Order of February 24, 2010, and other orders of this Court are hereby reaffirmed except to the extent modified by this Order. e) In order to implement the Amendment, Western Union shall pay the amounts set forth at: (1) paragraph 11 of the Amendment relating to the Monitor’s compensation and expenses; (2) the amounts set forth at paragraph 12.7 relating to TRAC expenses; and (3) paragraph 18 relating to arbitrator fees.
Sample 1
IT IS HEREBY ORDERED THAT. The Motion is granted, subject to the terms and conditions set forth in this Order, and all objections to the Motion are resolved hereby or, to the extent not resolved, are overruled.
Sample 1
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IT IS HEREBY ORDERED THAT. 26 1. The Settlement Agreement and the settlement embodied therein are approved as final, 27 fair, reasonable and adequate. The settlement shall be consummated in accordance with the terms and 1 provisions of the Settlement Agreement. [The Court has duly considered each objection that was filed 2 to the proposed Settlement, and each objection is hereby overruled.] 3 2. The Actions and all claims that are or have ever been contained therein, as well as all of 4 the Settled Claims, are dismissed with prejudice as to the Plaintiffs and the Class Members. The 5 Parties are to bear their own costs, except as otherwise provided in the Settlement Agreement. 6 3. All Released Parties as defined in the Settlement Agreement are released in accordance 7 with, and as defined in, the Settlement Agreement. 8 4. Upon the Effective Date hereof, Plaintiffs and all members of the Settlement Classes 9 shall be deemed to have, and by operation of the judgment shall have, absolutely and unconditionally, 10 fully, finally, and forever released, relinquished, and discharged any and all of the Defendants and any 11 and all of their families, parent entities, subsidiaries (including Bank of America Corporation and each 12 of its subsidiaries), associates, affiliates, or successors and each and all of their respective past, present 13 or future officers, directors, executives, partners, stockholders, representatives, employees, principals, 14 trustees, attorneys, financial or investment advisors, consultants, accountants, auditors, investment 15 bankers, commercial bankers, insurers, reinsurers, advisors or agents, heirs, executors, trustees, general 16 or limited partners or partnerships, personal representatives, estates, administrators, predecessors, 17 successors, assigns and any other representatives of any of these persons or entities or their successors 18 (“Released Parties”) from, and shall forever be enjoined from suing any or all of the Released Parties 19 for, any and all claims, debts, demands, disputes, rights, actions or causes of action, liabilities, damages, 20 losses, obligations, judgments, suits, matters and issues of any kind or nature whatsoever (including, but 21 not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any and 22 all other costs, expenses or liabilities whatsoever), whether based on United States federal, state or local 23 statutory or common law or any other law, rule or regulation, whether foreign or...
Sample 1

Related to IT IS HEREBY ORDERED THAT

  • NOW IT IS HEREBY AGREED as follows:

  • OTHER IMPORTANT TERMS 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date. 19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect. 19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation including within our group of companies. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4. 19.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we expressly agree to this in writing. We may not be able to agree to this as doing so may likely put us in breach of our legal and regulatory obligations (including our obligations to comply with anti-money laundering laws). 19.5 Other people that may have rights under this contract. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in sections 13 (Compensation you may owe us). 19.6 The meaning of certain words and phrases not defined elsewhere:

  • NOW IT IS HEREBY AGREED AS FOLLOWS Words and expressions defined in the Principal Agreement when used in this Agreement have, unless the context otherwise requires, the same meanings as are ascribed to them in the Principal Agreement and the provisions of clause 2 of the Principal Agreement as to the interpretation thereof shall apply to this Agreement.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

  • Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association’s Prior Review. All other contracts shall be subject to Post Review by the Association.

  • NOW, THEREFORE, THIS INDENTURE WITNESSETH For and in consideration of the premises and the purchase of the Securities by the Holders thereof, it is mutually agreed, for the equal and proportionate benefit of all Holders of the Securities or of series thereof, as follows:

  • Other Provisions of General Application Section 7.1 Notices to the Rights Agent, Parent and the Stockholders’ Representative. Any notice, request, instruction or other document to be given hereunder by any party to the others shall be in writing and delivered personally or sent by registered or certified mail, postage prepaid, by electronic mail (except with respect to the Rights Agent), by facsimile transmission only with respect to the Rights Agent or overnight courier, provided that with respect to notices deliverable to the Stockholders’ Representative, such notices shall be delivered solely via electronic mail or facsimile: If to Parent or the Company: Eros International Plc First Names House Victoria Road Xxxxxxx Isle of Man IM2 4DF British Isles Attention: Xxxx Xxxxxxx, Chief Corporate and Strategy Officer Email: xxxx.xxxxxxx@xxxxxxxx.xxx with a copy (which shall not constitute notice) to: Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxx Xxxxx Xxxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000 Attention: Xxxxx Xxxxxx Xxxxx Xxxxxx Email: xxxxxxx@xxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx If to the Rights Agent: Computershare Trust Company, N.A., Computershare Inc. 000 Xxxxxx Xxxxxx Canton, MA 02021 Attention: Client Services Facsimile: (000) 000-0000 If to the Stockholders’ Representative: Fortis Advisors LLC Attention: Notices Department (Project World Cup) Email: xxxxxxx@xxxxxxxxx.xxx Facsimile: (000) 000-0000 with a copy (which shall not constitute notice) to: Xxxxxxxx & Xxxxx LLP 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxx, P.C. Email: xxxx.xxxxxx@xxxxxxxx.xxx or to such other persons or addresses as may be designated in writing by the party to receive such notice as provided above. Any notice, request, instruction or other document given as provided above shall be deemed given to the receiving party upon actual receipt, if delivered personally; three (3) business days after deposit in the mail, if sent by registered or certified mail; upon confirmation of successful transmission if sent by electronic mail; or on the next business day after deposit with an overnight courier, if sent by an overnight courier.

  • Provisions of General Application (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP. (b) The terms defined in this Article include the plural as well as the singular. (c) The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole. All references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement.

  • Additional Wet Weather Procedure 14.15.1 Remaining On Site a) for more than an accumulated total of four hours of ordinary time in any one day; or b) after the meal break, as provided for in clause 17.1 of the Award, for more than an accumulated total of 50% of the normal afternoon work time; or c) during the final two hours of the normal work day for more than an accumulated total of one hour, the Enterprise will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

  • Choice of Law clauses with TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.

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