No Precedent for Other Proceedings Sample Clauses

No Precedent for Other Proceedings. This Settlement Agreement is made upon the express understanding that it constitutes a negotiated resolution among the Parties. Accordingly, nothing in the Settlement Agreement shall be construed as a precedent with regard to any other proceeding, and this Settlement Agreement (including its Appendices, Exhibits and Attachments) shall not be offered in evidence in any pending or future proceeding in which a Party participates except in a proceeding to establish the existence or validity of, or to defend, implement, or enforce this Settlement Agreement. This section shall survive any termination of this Settlement Agreement.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
No Precedent for Other Proceedings. This Settlement is made upon the 43 express understanding that it constitutes a negotiated resolution of Resolved Subjects.
Sample 1Sample 2Sample 3
No Precedent for Other Proceedings. 11 The Settlement is made upon the express understanding that it constitutes a negotiated resolution of Resolved Subjects. No Party shall be deemed to have approved, admitted, 12 accepted, or otherwise consented to any operation, management, valuation, study results, data interpretation, or other principle underlying or supposed to underlie any of the 13 Resolved Subjects, except as expressly provided herein. Nothing in the Settlement is 14 intended or shall be construed as a precedent with regard to any other proceeding or hydroelectric project.
Sample 1Sample 2
No Precedent for Other Proceedings. This Agreement is made with the understanding that it constitutes a negotiated resolution of issues relating to the blockage of Fish Passage at the Feather River Hydroelectric Projects under their respective New Project Licenses. Accordingly, no Party shall be deemed to have approved, admitted, accepted, or otherwise consented to any operation, management, valuation, or other principle underlying any of the matters covered by this Agreement, except as expressly provided herein. With respect to any mediation, arbitration, litigation or other administrative or legal proceedings involving or relating to this Agreement, the Parties’ rights and responsibilities shall be as set forth in this Agreement.
Sample 1Sample 2
No Precedent for Other Proceedings. This Settlement is made upon the express understanding that it constitutes a negotiated resolution of Resolved Subjects. No Party shall be deemed to have approved, admitted, accepted, or otherwise consented to any operation, management, valuation, or other principle underlying or supposed to underlie any of the Resolved Subjects, except as expressly provided herein. Nothing in this Settlement is intended nor shall be construed as a precedent with regard to any other proceeding or hydroelectric project.
Sample 1
No Precedent for Other Proceedings. This Settlement Agreement is made with the understanding that it constitutes a negotiated resolution of issues relating to the New Project License, operation of the Project, and local community concerns related to the Project. Accordingly, this Settlement Agreement shall not be offered against a Party as argument, admission or precedent in any mediation, arbitration, litigation, or other administrative or legal proceeding that does not involve or relate to the New Project License or the operation of the Project. Further, no Party shall be deemed to have approved, admitted, accepted, or otherwise consented to any operation, management, valuation, or other principle underlying any of the matters covered by this Settlement Agreement, except as expressly provided herein. With respect to any mediation, arbitration, litigation or other administrative or legal proceeding involving or relating to the New Project License, the Parties rights and responsibilities shall be as set forth in this Settlement Agreement. This Section shall survive any termination of this Settlement Agreement.
Sample 1

Related to No Precedent for Other Proceedings

  • Further Proceedings The Contract Dispute Resolution Board shall permit the Contractor to present its case by submission of memoranda, briefs, and oral argument. The Contract Dispute Resolution Board shall also permit NYCDOT to present its case in response to the Contractor by submission of memoranda, briefs, and oral argument. If requested by the City Corporation Counsel, the Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor NYCDOT may support its case with any documentation or other material that was not considered by the Comptroller, unless requested by the Contract Dispute Resolution Board. The Contract Dispute Resolution Board, in its discretion, may seek such technical or other expert advice as it shall deem appropriate and may seek, on its own or upon application of a party, any such additional material from any party as it deems fit. The Contract Dispute Resolution Board, in its discretion, may combine more than one dispute between the parties for concurrent resolution.

  • Termination of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Discontinuance of Proceedings In case the Collateral Agent shall have instituted any proceeding to enforce any right, power or remedy under this Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then and in every such case the relevant Assignor, the Collateral Agent and each holder of any of the Obligations shall be restored to their former positions and rights hereunder with respect to the Collateral subject to the security interest created under this Agreement, and all rights, remedies and powers of the Collateral Agent shall continue as if no such proceeding had been instituted.

  • Notice of Proceedings The Board Member shall promptly notify the Secretary of the Fund in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding which may be subject to indemnification or advancement of expense pursuant to this Agreement, but no delay in providing such notice shall in any way limit or affect the Board Member’s rights or the Fund’s obligations under this Agreement.

  • Absence of Proceedings There is no action, suit, proceeding, inquiry or investigation before or brought by any court or governmental agency or body, domestic or foreign, now pending, or, to the knowledge of the Company, threatened, against or affecting the Company or any subsidiary, which is required to be disclosed in the Registration Statement (other than as disclosed therein), or which might reasonably be expected to result in a Material Adverse Effect, or which might reasonably be expected to materially and adversely affect the properties or assets thereof or the consummation of the transactions contemplated in this Agreement or the performance by the Company of its obligations hereunder; the aggregate of all pending legal or governmental proceedings to which the Company or any subsidiary is a party or of which any of their respective property or assets is the subject which are not described in the Registration Statement, including ordinary routine litigation incidental to the business, could not reasonably be expected to result in a Material Adverse Effect.

  • Stay of Proceedings Except as necessary to effectuate this Order, all proceedings and deadlines in this matter are stayed and suspended pending the Final Approval Hearing and issuance of the Final Order and Judgment, or until further order of this Court.

  • Submission to Jurisdiction; Waivers Each party hereto hereby irrevocably and unconditionally:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!