Resolution of Litigation. On June 6, 1997, Centocor and the Partnership reached an agreement to settle a dispute over payments owed to investors in Centocor Partners III, L.P. The settlement is subject to court approval, for which a hearing is scheduled on September 4, 1997. If approved, the agreement would result in one-time cash payments per Unit of approximately $420 in 1997, $280 in 1998, and $95 if and when ReoPro is approved for marketing in Japan. The Partnership is also entitled to receive payments based on the sales of ReoPro over the next 10 years, which have been revised under the settlement agreement. The Purchaser has considered the value of these payments in determining the Purchase Price.
Resolution of Litigation. NCRR and NSR agree that the STB compensation and federal court proceedings will be voluntarily dismissed by the parties without prejudice within twenty days of execution of this Agreement and all necessary approvals have been obtained.
(a) NCRR and NSR agree that the STB compensation and federal court proceedings will be voluntarily dismissed by the parties without prejudice within twenty days of execution of this Agreement and all necessary approvals have been obtained.
(b) Except with respect to (i) personal property claims released as set forth in Section 6, "Release" and (ii) property claims resolved as set forth in Section 21, "Other Property Issues," none of NCRR's claims for improvements, additions, betterments, improvements to real property, property rights, franchises or privileges under the Old Leases are waived or affected by virtue of the execution and delivery of this Agreement.
(c) The terms of the Old Leases create potential claims that NSR and/or A&EC would owe and be obligated to deliver to NCRR additional properties (hereinafter "Claims for Additions"). The parties acknowledge that to the extent Claims for Additions exist, the circumstance that such additional properties and/or rights may have been acquired or now be held in the name of a company affiliated with NSR or A&EC will not, of itself, be determinative of the issue of whether the Claims for Additions are valid.
(d) No claim or demand contemplated by the Old Leases for the return of real property and related railroad facilities otherwise to be determined at the expiration or termination thereof may be made until, and therefore each of them is postponed to, the termination of this Agreement or any renewal (or any cessation of service over a segment pursuant to Section 17 hereof with respect to such segment). NCRR and NSR agree that nothing in this Agreement shall abridge, estop, compromise, release or waive any such claims deferred under this Agreement and that no defense of waiver, latches, acquiescence, release, estoppel, or the like arising on or after December 31, 1994 with respect to any such claims existing on that date may be asserted by reason of NCRR's agreement not to assert such claims at this time.
Resolution of Litigation. At this time and at this particular point in the process resulting from the Supreme Court’s Mt. Xxxxxx XX decision, even though fair share obligations have yet to be definitively determined, it is appropriate for the Parties to resolve River Park’s intervention, provide for the construction of affordable housing for low- and moderate-income households, and generate affordable housing credits for the Township to apply to its Third Round obligation.
Resolution of Litigation. Upon issuance by the Commission of a final, non-appealable order approving this Agreement, APS shall move to dismiss with prejudice all pending litigation brought by APS against the Commission. As mutually agreed, APS will actively support the Commission's position and assist the Commission in any remaining litigation regarding the Commission's Electric Competition Rules or related matters.
Resolution of Litigation. The parties commit to meet their obligations in good faith and to resolve via an amicable negotiation the possible discrepancies or claims that arise in the execution of the present agreement in relation to the same or with its noncompliance, rescinding or invalidity. If an agreement is not reached within the 60 days following the receipt of written notification from the other party of discrepancies, such discrepancies or claims will be resolved definitively in agreement with the Conciliation Regulation and Arbitration of the International Chamber of Commerce by one of three arbitrators named in agreement with this Regulation. The applicable law shall be Venezuelan law and the place of arbitration shall be Caracas. The arbitration process shall take place in Spanish. The presentation of an arbitration case will not represent non- compliance of the present contract. The arbitration costs shall be paid in agreement with the arbitrator's decision. The arbitrator's decision shall be definitive and will commit the parties, which in this agreement renounce all appeal rights. The arbitrator's decision will apply in conformance with the New York Convention regarding recognition and execution of Foreign Arbitration Decisions.
Resolution of Litigation. The Company shall have resolved its litigation with Albertson's, Inx. xx xxxxx acceptable to such Investor, in such Investor's sole and absolute discretion.
Resolution of Litigation. The Litigation shall be resolved by filing of the stipulated judgment pursuant to section 11 below.
Resolution of Litigation. 10.1 Upon issuance by the Commission of the Commission's Approval Order that is no longer subject to judicial review, TEP shall move to dismiss with prejudice all pending litigation brought by TEP against the Commission and assist the Commission in any remaining litigation regarding implementation of the Electric Competition Rules.
Resolution of Litigation. The pending litigation relating to the decision of the Nevada State Water Engineer to grant the water permits for the Mt. Hope Project shall have become final and nonappealable or dismissed with prejudice.
Resolution of Litigation. The Company shall have resolved its litigation with Albertson's, Inc. on terms acceptable to such Investor, in such Investor's sole and absolute discretion.
