Purpose and Effect of Settlement Agreement Sample Clauses

Purpose and Effect of Settlement Agreement. The Parties have entered into this Settlement Agreement for the purpose of resolving all issues that have or could have been raised by the Parties in connection with the Federal Energy Regulatory Commission (FERC or Commission) relicensing of the Yadkin Project (Project) and to provide the necessary assurances to Alcoa Power Generating Inc. (APGI or Licensee) and to receive the necessary commitments of APGI regarding future financial obligations, environmental and resource undertakings, and other licensing-related matters as specifically addressed herein. APGI filed an application for a Major New License for the Yadkin Project with the Commission on April 25, 2006. Included in that application is information on the ongoing impacts of the Project developed through studies scoped and performed in the communications-enhanced traditional relicensing process conducted by APGI and approved by FERC. Once executed, the Parties understand and agree that this Agreement will be filed with FERC as an Offer of Settlement that FERC may choose to implement in a New License for the Project in lieu of the operational proposals and certain other elements of that application. This Agreement specifies the Licensee’s obligations for the protection, mitigation and enhancement of ecological, environmental, recreational and cultural resources affected by the Project under a New License to be issued by FERC, as well as enforceable obligations of other Parties to this Agreement. All rights necessary or desirable to operate, manage and maintain the Project and to engage in power and utility operations that are consistent with this Settlement Agreement are reserved by APGI. This Agreement also specifies procedures to be used among the Parties to ensure the implementation of those License Articles and other agreed upon contractual obligations consistent with this Agreement, and with other legal and regulatory mandates. For these purposes, the Parties agree that this Agreement is fair and reasonable and in the public interest. Except as specifically provided below, any Party that is also a governmental agency agrees that the Licensee’s performance of its obligations under this Agreement will be consistent with and is intended to fulfill the Licensee’s existing statutory and regulatory obligations, as to each Party that is also a governmental agency relating to the relicensing of the Project, with regard to the Federal Power Act (FPA), 16 U.S.C. § 791(a) et. seq., the Federal Water Poll...
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Related to Purpose and Effect of Settlement Agreement

  • Effect of Settlement Neither the Grantee nor any of the Grantee’s successors, heirs, assigns or personal representatives shall have any further rights or interests in any Restricted Stock Units that have been paid and settled. Although a settlement date or range of dates for settlement are specified above in order to comply with Code Section 409A, the Company retains discretion to determine the settlement date, and no Grantee or beneficiary of a Grantee shall have any claim for damages or loss by virtue of the fact that the market price of Common Stock was higher on a given date upon which settlement could have been made as compared to the market price on or after the actual settlement date (any claim relating to settlement will be limited to a claim for delivery of Shares and related dividend equivalents).

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • FINALITY AND EFFECT OF AGREEMENT This Agreement supersedes and cancels all previous collective bargaining agreements between the Employer and the Association unless expressly stated to the contrary herein, constitutes the entire Agreement between the parties, and concludes collective bargaining for its term. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject identified as bargainable under Section 9 of the Public Employment Relations Act, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives any right which might otherwise exist under law to negotiate over any matter during the term of this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

  • STIPULATION AND AGREEMENT OF SETTLEMENT This Stipulation and Agreement of Settlement, dated as of July 6, 2018 (the “Stipulation”) is entered into between (a) Lead Plaintiff Xxxxxxxxxxx Xxxxxxx (“Lead Plaintiff”) and Plaintiff Xxxxxxx Xxxxx (collectively, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Endurance International Group Holdings, Inc. (“Endurance” or the “Company”), and defendants Xxxx Xxxxxxxxxxxx and Xxxxxxx Xxxxxxxx (collectively, the “Individual Defendants” and, together with Endurance, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants. 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.

  • Effect of Settlement/Reservation of Rights The following shall apply:

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Subject of Agreement 1.1. Tour operator provides the Tourist a Tourist product or a Tourist Service for agreed price and Tourist receives the purchased services within the prelimenary agreed dates.

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