Common use of Nature of Payment Clause in Contracts

Nature of Payment. Kroger, the Settling States, and the Participating Subdivisions each acknowledge and agree that notwithstanding anything to the contrary in this Agreement, including, but not limited to, the scope of the Released Claims:‌ 1. They have entered into this Agreement to avoid the delay, expense, inconvenience, and uncertainty of further litigation; 2. (a) The Settling States and Participating Subdivisions sought compensatory restitution and remediation for alleged damage or harm caused by the potential violation of a law (within the meaning of 26 U.S.C. § 162(f)(2)(A) and 26 C.F.R. § 1.162-21(e)(4)(i) as damages for the Alleged Xxxxx allegedly suffered by the Settling States and Participating Subdivisions; (b) the Compensatory Restitution Amount is less than or equal to the amount, in the aggregate, of the Alleged Xxxxx allegedly suffered by the Settling States and Participating Subdivisions; and (c) the portion of the Compensatory Restitution Amount received by each Settling State or Participating Subdivision is less than or equal to the amount of the Alleged Xxxxx allegedly suffered by such Settling State or Participating Subdivision;

Nature of Payment. KrogerCVS, the Settling States, and the Participating Subdivisions each acknowledge and agree that notwithstanding anything to the contrary in this Agreement, including, but not limited to, the scope of the Released Claims:‌Claims: 1. They have entered into this Agreement to avoid the delay, expense, inconvenience, and uncertainty of further litigation; 2. (a) The Settling States and Participating Subdivisions sought compensatory restitution and remediation for alleged damage or harm caused by the potential violation of a law (within the meaning of 26 U.S.C. § 162(f)(2)(A) and 26 C.F.R. C.F.R. § 1.1621. 162-21(e)(4)(i), (ii)) as damages for the Alleged Xxxxx allegedly suffered by the Settling States and Participating Subdivisions; (b) the Compensatory Restitution Total Remediation Amount is less than or equal to the amount, in the aggregate, of the Alleged Xxxxx allegedly suffered by the Settling States and Participating Subdivisions; and (c) the portion of the Compensatory Restitution Total Remediation Amount received by each Settling State or Participating Subdivision is less than or equal to the amount of the Alleged Xxxxx allegedly suffered by such Settling State or Participating Subdivision;