Other Settlement Terms. The Parties enter into this agreement solely for the purposes of this settlement and implementation of the settlement. If the settlement fails to be approved or otherwise fails consummation, then this Settlement Agreement is hereby withdrawn and Defendants reserve the right to seek decertification of the class. Any such motion for decertification would be evaluated under a de novo standard with Plaintiffs bearing the burden of establishing the requisite elements for class certification. Since Plaintiffs would bear the burden in such a motion, the parties agree that, upon notice to the Court and Plaintiffs that Defendants seek decertification of the class, the Plaintiffs would timely file a regularly noticed new motion for class certification.
Other Settlement Terms. (a) Orchids will file with the Regional Director a sworn certification of a responsible official on a form provided by the Region attesting to the steps that it has taken to comply with the Board’s Order and this Agreement.
(b) The parties agree that Orchids has made valid offers of reinstatement to the Impacted Individuals; made whole Xxxxxxx Xxxxxx; expunged references to Besley’s suspension from its files, notified him that it has done so, and notified him in writing that it will not use the suspension against him in any way; continued in effect the terms of its collective-bargaining agreement with United Steelworkers; notified the Impacted Individuals in writing that Orchids will not use their discharges against them in any way; and posted the remedial notice as detailed in the Board Order. Because Orchids has represented that it does not maintain files for the Impacted Individuals, it has no obligation to remove from its files any reference to their discharges.
(c) United Steelworkers agrees that it will not request that Orchids rescind the conversion of Lines 6 and 7 to op-tech, the flame-resistant clothing policy, or the changes to health insurance identified in the Board Order. Because Orchids has been sold, United Steelworkers will not request further bargaining with Orchids regarding health insurance.
Other Settlement Terms. In addition to the agreed upon changes to the Formula Rate Template and the Formula Rate Protocols (that are included in Attachments A and C), the Parties agree to the following additional settlement terms.
2.3.1 Pepco confirms that income tax overpayments will be excluded from the prepayment calculations pursuant to the Formula Rate Template, on tab “9- Rate Base.” Any inadvertent errors in such calculations will be corrected.
2.3.2 Pepco will identify in a note in Attachment 12 to the Formula Rate Template the docket number of the proceeding(s) wherein FERC accepted or approved the depreciation and amortization rates reflected in that Attachment 12. Pepco will begin including this information in the note to Attachment 12 in the Annual Update following FERC’s next acceptance or approval of the depreciation and/or amortization rates for Pepco after this Settlement Agreement becomes effective. However, neither this Settlement nor the reference to this note in Schedule 12 shall be deemed as, or cited as evidence of, agreement by any party or participant to this proceeding as to the methodology or underlying study that produced these rates or that these rates will be appropriate in a future proceeding.
Other Settlement Terms. Nothing in this agreement shall be construed as prohibiting, altering or in any way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of the Respondent's violation of this agreement or of the statutes and regulations upon which this agreement is based, or for the Respondent's violation of any applicable provision of law.
Other Settlement Terms. The Parties enter into this agreement solely for the purposes of this 24 settlement and implementation of the settlement. If the settlement fails to be 25 approved or otherwise fails consummation, then this Settlement Agreement is 26 hereby withdrawn.
Other Settlement Terms
