Negotiated Settlement. If a dispute has arisen between the Parties under this Agreement that a Party wishes to resolve:
(a) that Party may proceed with informal dispute resolution in accordance with this Paragraph;
(b) that Party may give notice to the other Party of the dispute and of its desire to resolve the dispute, describing in the notice the nature of the dispute; and
(c) as soon as practicable after the notice has been given under subparagraph (b), the Parties will cause their duly authorized representatives, including personnel with decision making authority regarding the dispute, to meet to discuss and to negotiate a settlement to the dispute in a spirit of cooperation.
Negotiated Settlement. In the event of a dispute regarding payment or the performance of Services pursuant to this Agreement (each, a “Dispute”), the Parties shall endeavor to negotiate in good faith an agreeable solution. If after ten (10) business days following receipt of a Party’s written notification of a Dispute such Dispute has not been resolved, the Dispute shall be brought to the attention of the senior management of each Party and such senior manager or his/her designee will negotiate in good faith to define and implement a final resolution. The intent of this Section 12.14 is to encourage the Parties to work together to resolve any Dispute without having to rely on arbitration or any other legal proceeding. However, nothing in this Section 12.14 shall prevent or inhibit either Party to institute any other action to resolve such Dispute(s).
Negotiated Settlement. This Joint Stipulation represents a negotiated settlement for the purpose of compromising and resolving the issues presented in this cause.
Negotiated Settlement. Westcoast Energy Inc. (“Westcoast”) and the Canadian Association of Petroleum Producers, FortisBC Energy Inc., the Export Users Group (comprising Cascade Natural Gas Corporation, Northwest Natural Gas Corporation and Puget Sound Energy, Inc.), Northwest Industrial Gas Users, and Powerex Corp. (collectively the “Stakeholders”) have reached this Settlement Agreement (the “Agreement”) regarding the determination of Westcoast’s tolls for transmission service in Zones 3 and 4 for the 2018 and 2019 calendar years. This Agreement is the result of negotiations between Westcoast and the Stakeholders and is entered into on the understanding that no single component of this Agreement is to be construed as representing the position of Westcoast or any of the Stakeholders on the appropriate tolls that would be obtained in the absence of this Agreement. Westcoast and the Stakeholders intend that this Agreement be viewed as a whole, and that no aspect of this Agreement should be considered as acceptable to Westcoast or any of the Stakeholders in isolation from all other aspects of this Agreement.
Negotiated Settlement. Under ARIZ. REV. STAT. § 49-391(C), Phoenix seeks compliance with pretreatment ordinances and recovery of civil penalties by negotiated settlement.
Negotiated Settlement. The discussions that have produced this Agreement have been conducted with the explicit understanding that they are privileged under California Evidence Code Section 1152 and Federal Rule of Evidence 408, and that such discussions shall be without prejudice to the position of either Party and may not be used in any manner in any proceeding or otherwise, except as may be necessary to enforce or interpret this Agreement or as otherwise required by law.
Negotiated Settlement. This Termination Agreement is the product of negotiations between and among the Parties and in the interpretation or enforcement hereof, is to be interpreted in a neutral manner, with no presumption for or against any party being afforded by reason of the fact that a party has drafted or caused to be drafted all or any part of this Termination Agreement.
Negotiated Settlement. This Stipulation and Agreement represents a negotiated settlement that fully resolves the issues addressed in this document. The Signatory Parties represent that the terms of this Stipulation and Agreement constitute a fair and reasonable resolution of the issues addressed herein. Except as specified herein, the Signatory Parties shall not be prejudiced, bound by, or in any way affected by the terms of this Stipulation and Agreement: (a) in any future proceeding; (b) in any proceeding currently pending under a separate docket; and/or (c) in this proceeding 16 should the Commission decide not to approve this Stipulation and Agreement in the instant proceeding. If the Commission accepts this Stipulation and Agreement in its entirety and incorporates the same into a final order without material modification, the parties shall be bound by its terms and the Commission's order incorporating its terms as to all issues addressed herein and in accordance with the terms hereof, and will not appeal the Commission's order on these issues.
Negotiated Settlement. This Stipulation represents a negotiated settlement that fully resolves the Issues addressed in this document. The Parties represent that the terms of this Stipulation constitute a fair and reasonable resolution of the issues addressed herein. Except as specified herein, the Parties shall not be prejudiced, bound by, or in any way affected by the terms of this Stipulation (a) in any future proceeding; (b) in any proceeding currently pending under a separate docket; and/or (c) in this proceeding should the Commission decide not to approve this Stipulation in the instant proceeding. If the Commission accepts this Stipulation in its entirety and incorporates the same into a final order without material modification, the Parties shall be bound by its terms and the Commission’s order incorporating its terms as to all issues addressed herein and in accordance with the terms hereof, and will not appeal the Commission’s order on these issues.
Negotiated Settlement. This Agreement is the product of negotiations between and among the parties and in the interpretation or enforcement hereof, is to be interpreted in a neutral manner, with no presumption for or against any party being afforded by reason of the fact that a party has drafted or caused to be drafted all or any part of this Agreement.
