Matters Settled Sample Clauses

Matters Settled. This Agreement settles any and all claims and matters that the parties or any of them had related to the Lawsuit, whatsoever from the beginning of time with no party having any further duties or obligations whatsoever related to the Lawsuit to the other parties after the complete performance of this Settlement Agreement.
Sample 1
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Matters Settled. If this Agreement and the other agreements referenced below in Section I-3(b) are approved by the applicable agency without condition or modification in an order that is final and no longer subject to judicial review (“Final Regulatory Approval”), this Agreement shall settle with prejudice all aspects of the challenges to the TAPS Carriers’ Interstate Rates pending during the period from January 1, 2016 through the date of the approval of the agreement, which rates were at issue before the Federal Energy Regulatory Commission (“FERC”)2 in Docket Nos. 1 All capitalized terms that appear in this Agreement are either proper names or are defined in the text of this Agreement. An index of these terms is attached as Exhibit A. 2 References to FERC in this Agreement include FERC and any successor agencies. IS15-522-000, IS15-580-000, IS16-76-000, IS16-312-000, IS16-313-000, and IS16-327-000. Within thirty (30) business days of the payment of all refunds specified in Section I-5(d) of this Agreement in full conformance with the terms of this Agreement, each Non-TAPS Party shall withdraw its protests in Docket Nos. IS15-522-000, IS15-580-000, IS16-76-000, IS16-312-000, IS16-313-000 and IS16-327-000. Nothing in this Agreement prejudices any Party’s rights with respect to the pooling of costs or revenues among the TAPS Carriers.
Sample 1
Matters Settled. This Agreement settles all the existing claims, disputes and matters by and between ICCA, on the one hand, and Donoxx, xx the other hand, relating to any other matters or events occurring up to the date hereof. b.
Sample 1
Matters Settled. Subject to the full and complete payment of the items listed under Section 2(b) hereof, this Agreement settles all the existing claims, disputes and matters by and between ICCA, on the one hand, and Maroon Bells, Swindells, Moorx xxx/or Mageira, on the other hand, relating to the right to receive compensation, if any, to be paid to them as a result of ICCA's pending 144A offering of its Units consisting of Senior Notes and Warrants (the "Offering"), the Consulting Agreements and any other matters arising out of or relating to the foregoing or occurring up to the date hereof. If the payment of all items listed under Section 2 (b) hereof have not been completely and fully made by March 31, 1998, then all claims purported to be settled and released hereunder (the "Claims") shall be reinstated in full as if there had never been settlement and release and the recipient of any partial payments may return such partial payment and pursue all remedies he or it may have with respect to the Claims as if such partial payments had not been made.
Sample 1

Related to Matters Settled

  • Arbitration; Settlement of Disputes Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, or the breach hereof or thereof, if so elected by the claimant, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Each party shall appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall serve as chairperson of the tribunal. If a dispute, controversy or cause of action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant(s) and respondent(s)), each of which shall appoint one arbitrator as if there were only two parties to such dispute, controversy or cause of action. If such alignment and appointment shall not have occurred within thirty (30) calendar days after the initiating party serves the arbitration demand, the American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Deposit Agreement.

  • Cooperation in Defense and Settlement (a) With respect to any Third Party Claim that implicates both Parties in any material respect due to the allocation of Liabilities, responsibilities for management of defense and related indemnities pursuant to this Agreement or any of the Ancillary Agreements, the Parties agree to use commercially reasonable efforts to cooperate fully and maintain a joint defense (in a manner that, to the extent reasonably practicable, will preserve for all Parties any Privilege with respect thereto). The Party that is not responsible for managing the defense of any such Third Party Claim shall, upon reasonable request, be consulted with respect to significant matters relating thereto and may, if necessary or helpful, retain counsel to assist in the defense of such claims. Notwithstanding the foregoing, nothing in this Section 5.5(a) shall derogate from any Party’s rights to control the defense of any Action in accordance with Section 5.4.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Governing Law and Settlement of Disputes 8.1 The execution, validity, interpretation, performance, implementation, termination and settlement of disputes of this Agreement shall be governed by the laws of PRC.

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • Net Share Settlement If Net Share Settlement is applicable to any Option exercised or deemed exercised hereunder, Dealer will deliver to Counterparty, on the relevant Settlement Date for each such Option, a number of Shares (the “Net Share Settlement Amount”) equal to the sum, for each Valid Day during the Settlement Averaging Period for each such Option, of (i) (a) the Daily Option Value for such Valid Day, divided by (b) the Relevant Price on such Valid Day, divided by (ii) the number of Valid Days in the Settlement Averaging Period; provided that in no event shall the Net Share Settlement Amount for any Option exceed a number of Shares equal to the Applicable Limit for such Option divided by the Applicable Limit Price on the Settlement Date for such Option. Dealer will pay cash in lieu of delivering any fractional Shares to be delivered with respect to any Net Share Settlement Amount valued at the Relevant Price for the last Valid Day of the Settlement Averaging Period.

  • Contractual Settlement Unless the parties agree to the contrary, the Custodian will attend to the settlement of securities transactions in accordance with the Custodian's standard operating procedure, on the basis of either contractual settlement date accounting or actual settlement date accounting. To the extent the Custodian settles certain securities transactions on the basis of contractual settlement date accounting, the Custodian may reverse with back value to the contractual settlement date any entry relating to such contractual settlement if the Custodian reasonably believes that such amount will not be received.

  • Applicable Law and Dispute Settlement 1. The execution and performance of this Contract shall be governed by the laws of People’s Republic of China;

  • Settlement of Disputes between a Contracting Party and an Investor of the other Contracting Party

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