RESOLUTION OF FUTURE DISPUTES Sample Clauses

RESOLUTION OF FUTURE DISPUTES. 17.1. Plaintiffs confirm that as of the date of this agreement, other than this action, there is no other wage-and-hour action, cause of action, claim, or complaint currently pending against Defendants or other Releasees for compensation for the times covered by the Court's Certification Order when FLSA Opt-in Plaintiffs and Rule 23 Class Members worked for Defendants at the Goodlettsville, Tennessee facility. If any such action, cause of action, claim, or complaint exists or is filed before this settlement is finally approved by the Court, Plaintiffs will not be entitled to recover any damages or other relief of any kind under the Agreement, including costs and attorneys' fees. The Agreement is intended to resolve all claims set forth in Paragraph 1.3 above as of the Effective Date of this Agreement.
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RESOLUTION OF FUTURE DISPUTES. 62. Unless the Court orders otherwise, the United States District Court for the Eastern District of North Carolina will have continuing jurisdiction to interpret and enforce this Agreement and to hear and adjudicate any dispute or litigation arising from the Agreement
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RESOLUTION OF FUTURE DISPUTES. To aid in the analysis and resolution of any future disputed matters relative to this Renewal License, the Licensee and the Town may, by mutual written agreement (both as to whether or not to hire and whom to hire), employ the services of technical, financial and/or legal consultants. All reasonable fees of any such consultant so hired shall, unless the parties otherwise agree in writing, and in advance of any such hiring, be paid equally by the Licensee and the Town.
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RESOLUTION OF FUTURE DISPUTES. 17.1 Plaintiffs confirm that as of the date of this agreement, other than this action, there is no other wage-and-hour action, cause of action, claim, or complaint currently pending against Defendants or other Releasees for compensation for the times covered by the Court's Certification Order when FLSA Opt-in Plaintiffs and Rule 23 Class Members worked for Defendants. The Agreement is intended to resolve all claims set forth in Paragraph 1.3 above through July 20, 2018, provided this Agreement is approved by the Court.
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RESOLUTION OF FUTURE DISPUTES. In the event of any disagreement regarding an issue between the parties, the parties shall first confer and exercise reasonable efforts to resolve such a dispute. Except in an emergency, before a party files legal action regarding an issue of any such dispute or regarding modification of any terms and conditions of this Agreement, that party shall make a good faith attempt to submit the dispute or controversy to mediation.
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RESOLUTION OF FUTURE DISPUTES. 9.1 Plaintiff confirms that, other than this action, there is no other wage and hour action, cause of action, claim, or complaint currently pending for compensation for the times Plaintiff worked for Defendant at the Council Bluffs facility as of the date of the Agreement. If any such action, cause of action, claim, or complaint exists or is filed before this settlement is finally approved by the Court, Plaintiff will not be entitled to recover any damages or other relief of any kind under the Agreement, including costs and attorneys’ fees. The Agreement is intended to resolve all claims set forth in paragraph 7.1 above as of the date this Agreement is finally approved by the Court.
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RESOLUTION OF FUTURE DISPUTES. 7.1 Plaintiffs confirm that, other than the instant actions, there is no claim, charge, complaint, or action currently pending by them against Defendant that includes wage and hour claims or allegations relating to retaliation for wage and hour claims. In the event that any such claim, charge, complaint or action is filed, Plaintiffs shall not be entitled to recover any damages or other relief therefrom, including costs and attorneys’ fees. This Compromise Settlement Agreement is intended to resolve all wage and hour related issues, known or unknown, pled or otherwise, as of the date of this Agreement. Since all claims of the Plaintiffs who are parties to this Agreement are to be dismissed with prejudice, and to the extent ethically permissible, it is agreed that the Plaintiffs and their counsel will not bring any other claim or action against Defendant based on any claim intended to be released by this Agreement.
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RESOLUTION OF FUTURE DISPUTES. 8.1 Plaintiffs confirm that, other than the MDL actions, there is no other wage and hour action, cause of action, claim, or complaint currently pending for compensation for the times plaintiffs work or worked for defendant at any of the MDL facilities as of the date of the Agreement. If any such action, cause of action, claim, or complaint exists or is filed before this settlement is finally approved by the Court, plaintiffs will not be entitled to recover any damages or other relief of any kind under the Agreement, including costs and attorney’s fees. The Agreement is intended to resolve all claims set forth in paragraph 6.1 above as of the date this Agreement is finally approved by the Court.
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Related to RESOLUTION OF FUTURE DISPUTES

  • Governing Law; Disputes This Agreement shall in accordance with Section 5-1401 of the General Obligations Law of New York in all respects be construed, governed, applied and enforced under the internal laws of the State of New York without giving effect to the principles of conflicts of laws and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York. Except as otherwise set forth in Article “19” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “21” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen (15%) percent or more. For example, if the party initiating arbitration (“A”) seeks an award of one hundred thousand ($100,000) dollars plus costs and expenses, the other party (“B”) has offered A fifty thousand ($50,000) dollars in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than fifty-seven thousand five hundred ($57,500) dollars to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Resolution of disputes and grievances (a) For the purpose of this clause 13, a dispute includes a grievance.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Agreement to Arbitrate Disputes Either you or we may elect, without the other’s consent, to require that any dispute between us concerning your membership, your deposit accounts (“Accounts”) and the services related to your membership and Accounts, including but not limited to all disputes that you may raise against us, must be resolved by binding arbitration, except for those disputes specifically excluded below.

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