PROCEDURE FOR APPROVAL OF SETTLEMENT. a. Upon execution of the Settlement Agreement by Staff and by the Respondents, and the receipt by Staff of a certified cheque in the amount of $20,000, which shall be held in escrow, Staff will apply to the Commission for an order approving the Settlement Agreement. b. If the Settlement Agreement is approved by the Commission, it will constitute the entirety of the evidence submitted respecting the Respondents in this matter. c. If the Settlement Agreement is approved by the Commission, the Respondents agree to waive any right to a hearing and/or appeal with respect to this matter. d. If, for any reason whatsoever, this settlement is not approved by the Commission and the order set forth in Schedule "A" is not made by the Commission: i. Staff and the Respondents will be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing, unaffected by the Settlement Agreement or any of the settlement negotiations; ii. The terms of this agreement will not be referred to in any subsequent proceeding or disclosed to any person, except with the written consent of both Staff and the Respondents or as may be required by law; and iii. The Respondents further agree that they will not raise, in any proceeding, the Settlement Agreement or the negotiation or process of approval thereof, as a basis for any attack on the jurisdiction of the Commission.
Appears in 1 contract
Samples: Settlement Agreement
PROCEDURE FOR APPROVAL OF SETTLEMENT. a. Upon execution of the Settlement Agreement by Staff and by the Respondents, and the receipt by Staff of a certified cheque in the amount of $20,000, which shall be held in escrowrespondent, Staff will apply to the Commission for an order approving the Settlement Agreement.
b. Immediately after execution of the Settlement Agreement and in any event prior to the hearing to seek approval of the Settlement Agreement, the respondent shall provide the aggregate sum of eight thousand five hundred dollars ($8,500.00) to the Commission in escrow. If the Settlement Agreement is approved, these funds will immediately become the property of, and be retained by the Commission. If the Settlement Agreement is not approved, these funds will be returned to the respondent.
c. If the Settlement Agreement is approved by the Commission, it will constitute the entirety of the evidence submitted respecting the Respondents respondent in this matter.
c. d. If the Settlement Agreement is approved by the Commission, the Respondents agree respondent agrees to waive any right to a hearing and/or appeal with respect to this matter.
d. e. If, for any reason whatsoever, this settlement is not approved by the Commission and the order set forth in Schedule "A" is not made by the Commission:
i. Staff and the Respondents respondent will be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing, unaffected by the Settlement Agreement or any of the settlement negotiations;
ii. The terms of this agreement will not be referred to in any subsequent proceeding or disclosed to any person, except with the written consent of both Staff and the Respondents respondents or as may be required by law; and
iii. The Respondents respondent further agree agrees that they it will not raise, in any proceeding, the Settlement Agreement or the negotiation or process of approval thereof, as a basis for any attack on the jurisdiction of the Commission.
Appears in 1 contract
Samples: Settlement Agreement
PROCEDURE FOR APPROVAL OF SETTLEMENT. a. Upon execution of the Settlement Agreement by Staff and by the Respondents, and the receipt by Staff of a certified cheque in the amount of $20,00044,000, which shall be held in escrow, Staff will apply to the Commission for an order approving the Settlement Agreement.
b. If the Settlement Agreement is approved by the Commission, it will constitute the entirety of the evidence submitted respecting the Respondents in this matter.
c. If the Settlement Agreement is approved by the Commission, the Respondents agree to waive any right to a hearing and/or appeal with respect to this matter.
d. If, for any reason whatsoever, this settlement is not approved by the Commission and the order set forth in Schedule "A" is not made by the Commission:
i. Staff and the Respondents will be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing, unaffected by the Settlement Agreement or any of the settlement negotiations;
ii. The terms of this agreement will not be referred to in any subsequent proceeding or disclosed to any person, except with the written consent of both Staff and the Respondents or as may be required by law; and
iii. The Respondents further agree that they will not raise, in any proceeding, the Settlement Agreement or the negotiation or process of approval thereof, as a basis for any attack on the jurisdiction of the Commission.
Appears in 1 contract
Samples: Settlement Agreement
PROCEDURE FOR APPROVAL OF SETTLEMENT. a. a) Upon execution of the Settlement Agreement agreement by Staff the staff and by the RespondentsXxxxx Xxxxx, and the receipt by Staff of a certified cheque in the amount of $20,000, which shall be held in escrow, Staff staff will apply to the Commission for an order in the form set out in Schedule “A” attached hereto approving the Settlement Agreementterms set out herein.
b. b) If the Settlement Agreement this settlement agreement is approved by the Commission, Commission it will constitute the entirety of the evidence to be submitted respecting the Respondents Xxxxx Xxxxx in this matter.
c. If the Settlement Agreement is approved by the Commission, the Respondents agree matter and Xxxxx Xxxxx agrees to waive any right to a hearing and/or appeal with respect to this matter.
d. c) If, for any reason whatsoever, this settlement is not approved by the Commission and Commission, or the order set forth in Schedule "“A" ” is not made by the Commission:
i. d) Staff and the Respondents Xxxxx Xxxxx will be entitled to all available proceedings, remedies remedies, and challenges, including proceeding to a hearing, unaffected by the Settlement Agreement this settlement agreement or any of the settlement discussions and negotiations;
ii. e) The terms of this agreement will not be referred to in any subsequent proceeding or disclosed to any person, except with the written consent of both Staff staff and the Respondents Xxxxx Xxxxx or as may be required by law; and;
iii. The Respondents f) Xxxxx Xxxxx further agree agrees that they he will not raise, in any proceeding, the Settlement Agreement settlement agreement or the negotiation or process of approval thereof, as a basis for any attack on the jurisdiction of the Commission, alleged bias, appearance of bias, 0alleged unfairness, or any other challenge that may otherwise be available.
Appears in 1 contract
Samples: Settlement Agreement