Means of Settlement Sample Clauses

Means of Settlement. 1. In the event of a dispute between a Contracting Party and an Investor of the other Contracting Party derived from an alleged breach of an obligation under this Agreement the parties to the dispute shall seek to settle the dispute by negotiations or consultations. 2. If the dispute cannot be so settled, the Investor may choose to submit it for resolution: (a) to any competent courts or administrative tribunals of the Contracting Party that is party to the dispute; or (b) by arbitration in accordance with Article 13.
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Means of Settlement. 14.1. When a financing operation falls due or in the event of advance repayment, settlement shall in principle be carried out by means of holdings in the creditor's currency. 14.2. This provision shall be without prejudice to other forms of settlement agreed between creditor and debtor central banks.
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Means of Settlement. 1. This Section shall apply to disputes between a Contracting Party and an investor of the other Contracting Party arising from an alleged breach of an obligation set forth in Chapter II of this Agreement. Any dispute should, if possible, be settled by consultation. If it is not so settled within six months, the investor may choose to submit it for resolution: (a) to any court or administrative tribunal of the disputing Contracting Party, or (b) by arbitration in accordance with this Section. 2. If the investor, or an enterprise that an investor owns or controls, submits the dispute referred to in paragraph 1 above to any court or administrative tribunal of the disputing Contracting Party, the same dispute may not be submitted to international arbitration as provided in this Section.
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Means of Settlement. Such a dispute should, if possible, be settled by negotiation or consultation. If it is not so settled, the investor may choose to submit it for resolution: a. to any competent courts or administrative tribunals of the Contracting Party to the dispute; b. in accordance with any dispute settlement procedure agreed upon prior to the dispute arising; or c. by arbitration in accordance with this Article under: i. the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the "ICSID Convention"), if the ICSID Convention is available; ii. the Additional Facility Rules of the Centre for Settlement of Investment Disputes (“ICSID Additional Facility”), if the ICSID Additional Facility is available; iii. the Arbitration Rules of the United Nations Commission on International Trade Law ("UNCITRAL”); or iv. the Rules of Arbitration of the International Chamber of Commerce ("ICC").
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Means of Settlement. Timeframe 1. To the extent possible, disputes between the Contracting Party and an investor of the other Contracting Party shall be settled through negotiations or consultations. If the dispute is not settled, the investor may submit it: a) To the competent judicial authority of the Contracting Party - that is a party to the dispute; b) In accordance with any previously agreed dispute resolution procedure, or c) In accordance with this Article: (i) To the International Center for Settlement of Investment Disputes ("Center"), established in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States signed in Washington on March 18, 1965 ("ICSID Convention"), where the State of the investor's Contracting Party and the State of the Contracting Parties being parties to the dispute are also parties to the ICSID Convention; (ii) To a sole arbitrator or to a temporary arbitral tribunal established in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL); (iii) To a sole arbitrator in the International Chamber of Commerce under its arbitration rules. 2. In case of initiation of the dispute settlement proceedings under either procedure referred to in paragraph 1 of this Article, the selected procedure shall be used by the parties in the dispute, while excluding the other two procedures for the same or identical subject matter. 3. The dispute can be submitted for consideration in accordance with paragraph 1 (c) of this Article sixty (60) days from the date of receiving a notification of the intention of either Contracting Party, a party to the dispute, to start this procedure, but not later than 5 years from the date when the information was first received or should be received about the events that led to the dispute, losses or damage that have allegedly occurred.
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Means of Settlement. Such a dispute should, if possible, be settled by negotiation or consultation. If it is not so settled, the Claimant may choose to submit it for resolution: (a) to the Competent Courts or administrative tribunals of a Contracting Party to the dispute [or of the investor, as the case may be]; (b) in accordance with any applicable previously agreed dispute settlement procedure; or (c) by arbitration in accordance with this Article, under: (i) the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the "ICSID Convention"), if the ICSID Convention is applicable; (ii) the Additional Facility Rules of the Centre of Settlement of Investment Disputes ("ICSID Additional Facility"), if the ICSID Additional Facility is applicable; (iii) the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), [if neither the ICSID Convention nor the ICSID Additional Facility is applicable]15 [Provided that the venue of arbitration under paragraph 2 (c) shall be in the Contracting State in every case]. 16 By submitting a dispute to arbitration in accordance with this Article under paragraph 2 (c), the investor consents to the application of all provisions of this Article, 17
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Means of Settlement. 1. Any dispute which may arise between an investor of one Party and the other Party concerning an investment made by the former in the territory of the latter shall, as far as possible, be settled amicably. 2. If such dispute cannot be settled in accordance with paragraph (1) of this article within a period of six (6) months from the beginning of the negotiations, the investor may submit the dispute to: a) The national courts of the Party in whose territory the investment was made; b) The International Centre for the Settlement of Investment Disputes (ICSID) for the settlement by conciliation or arbitration under the Convention on the Settlement of Investments Disputes between States and Nationals of other States, opened for signature at Washington DC on 18 March 1965 (ICSID Convention), if the Parties to the present Agreement are both Parties to the ICSID Convention; c) The ICSID under the rules governing the Additional Facility for the Administration of Proce- edings by the Secretariat of the ICSID, if a Party to the present Agreement, but not both, is Party to the ICSID Convention; d) An ad hoc arbitration tribunal appointed by a special agreement between the Parties or established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), where the appointment of the arbitrator that will act as chairman tribunal will, in case of disagreement by the parties, be appointed by the Secretary-General of the Permanent Court of Arbitration; e) A sole arbitrator or an ad hoc arbitration tribunal under the rules of arbitration of the International Chamber of Commerce; or f) Any other arbitration institution, or in accordance with any other arbitration rules, provided that the State which is a Party to the dispute expressly consents to it. 3. A dispute may be submitted no later than five (5) years from the date the investor first acquired or should have acquired knowledge of the events which gave rise to the dispute. 4. Each Party hereby gives its consent to the submission of a dispute to international arbitration referred to in paragraph (2) of this article, notwithstanding subparagraphs d) and f). 5. There is no presumption of consent in what refers to the consolidation of claims in case of plurality of claimants. 6. Without prejudice to paragraph (7), the decision to submit the dispute to any of the procedures referred to in paragraph
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Related to Means of Settlement

  • TERMS OF SETTLEMENT The Respondent agrees to the following terms of settlement:

  • The Settlement Following mediation with a neutral party, a Settlement has been reached. As part of the Settlement, a Qualified Settlement Fund of $39,500,000 will be established to resolve the Class Action. The Net Settlement Amount is $39,500,000 minus any Administrative Expenses (including taxes and tax expenses), Court-approved Attorneys’ Fees and Costs, and Class Representative Compensation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

  • Basis of Settlement Unless otherwise provided, the Insurer is not liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall in no event exceed what it would then cost to repair or replace the same with material of like kind and quality.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Time of Settlement RSUs shall be settled promptly upon expiration of the Restricted Period without forfeiture of the RSUs (i.e., upon vesting), but in any event within 60 days after expiration of the Restricted Period, by delivery of one share of Common Stock for each RSU being settled, or, at the discretion of the Company, the cash equivalent thereof; provided, however, that settlement of an RSU shall be subject to Plan Section 11(k), including if applicable the six-month delay rule in Plan Sections 11(k)(i)(C)(2) and 11(k)(i)(G); provided further, that no dividend or dividend equivalents will be paid, accrued or accumulated in respect of the period during which settlement was delayed. (Note: This rule may apply to any portion of the RSUs that vest after the time you become Retirement eligible under the Plan, and could apply in other cases as well). Settlement of RSUs which directly or indirectly result from adjustments to RSUs shall occur at the time of settlement of, and subject to the restrictions and conditions that apply to, the granted RSUs. Settlement of cash amounts which directly or indirectly result from adjustments to RSUs shall be included as part of your regular payroll payment as soon as administratively practicable after the settlement date for the underlying RSUs, and subject to the restrictions and conditions that apply to, the granted RSUs. Until shares are delivered to you in settlement of RSUs, you shall have none of the rights of a stockholder of the Company with respect to the shares issuable in settlement of the RSUs, including the right to vote the shares and receive actual dividends and other distributions on the underlying shares of Common Stock. Shares of stock issuable in settlement of RSUs shall be delivered to you upon settlement in certificated form or in such other manner as the Company may reasonably determine. At that time, you will have all of the rights of a stockholder of the Company.

  • Full Settlement The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Internal Revenue Code of 1986, as amended (the "Code").

  • Staggered Settlement If upon advice of counsel with respect to applicable legal and regulatory requirements, including any requirements relating to Dealer’s commercially reasonable hedging activities hereunder, Dealer reasonably determines that it would not be practicable or advisable to deliver, or to acquire Shares to deliver, any or all of the Shares to be delivered by Dealer on any Settlement Date for the Transaction, Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (each of which will be on or prior to such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) if the Net Share Settlement terms or the Combination Settlement terms set forth above were to apply on the Nominal Settlement Date, then the Net Share Settlement terms or the Combination Settlement terms, as the case may be, will apply on each Staggered Settlement Date, except that the Shares otherwise deliverable on such Nominal Settlement Date will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

  • Date of Settlement The receipt by the Company of immediately available funds in payment for a Book-Entry Security and the authentication and issuance of the Global Security representing such Book-Entry Security shall constitute "settlement" with respect to such Book-Entry Security. All orders of Book-Entry Securities solicited by a Selling Agent or made by a Purchasing Agent and accepted by the Company on a particular date (the "Trade Date") will be settled on a date (the "Settlement Date") which is the third Business Day after the Trade Date pursuant to the "Settlement Procedure Timetable" set forth below, unless the Company and the purchaser agree to settlement on another Business Day which shall be no earlier than the next Business Day after the Trade Date.

  • Physical Settlement If Physical Settlement is applicable, then Counterparty shall deliver to Dealer through the Clearance System a number of Shares equal to the Settlement Shares for such Settlement Date, and Dealer shall pay to Counterparty, by wire transfer of immediately available funds to an account designated by Counterparty, an amount equal to the Physical Settlement Amount for such Settlement Date, on a delivery versus payment basis. If, on any Settlement Date, the Shares to be delivered by Counterparty to Dealer hereunder are not so delivered (the “Deferred Shares”), and a Forward Price Reduction Date occurs during the period from, and including, such Settlement Date to, but excluding, the date such Shares are actually delivered to Dealer, then the portion of the Physical Settlement Amount payable by Dealer to Counterparty in respect of the Deferred Shares shall be reduced by an amount equal to the Forward Price Reduction Amount for such Forward Price Reduction Date, multiplied by the number of Deferred Shares.

  • Form of Settlement Notwithstanding any discretion contained in the Plan or anything to the contrary in the Agreement, the RSUs are payable in Shares only.

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