Settlement Agreement Terms. In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:
Settlement Agreement Terms. The scope of a settlement agreement is determined by the intent of the parties as expressed in the release. Rinke v. Automotive Moulding Co., 573 N.W.2d 345- 346 (Mich. App.1997). If the text of the release is unambiguous, the parties’ intentions will be ascer- tained from the plain meaning of the release’s lan- guage. Id. Therefore, the parties should try to stick to simple, plain English when drafting an agree- ment. As indicated by Xxxx. Ct. R. 2.507(G): “An agreement or consent by the parties or their at- torneys respecting the proceedings in an action, sub- sequently denied by either party, is not binding un- The Practical Litigator | 11 less it is made in open court, or unless evidence of the agreement is in writing subscribed by the party against whom the agreement is offered or by the party’s attorney.” Two of the most significant components in any settlement agreement are the release of all parties and the release of all claims. From the employer’s perspective, it is imperative to name all affiliated or parent corporations, managers, employees, etc., even if not named specifically in the underly- ing claim(s). See, Xxxxxxxx x. Xxxxxx, 000 X.X.0x 000 (Mich. App. 2000) (upholding the release of other employees although employees were not parties to the release). Some things generally cannot be re- leased, including unemployment compensation and workers compensation claims, as well as the right to file a discrimination charge with the Equal Em- ployment Opportunity Commission or cooperating with the Equal Employment Opportunity Commis- sion. 29 C.F.R. §1625.22(i)(2); EEOC v. Citicorp Din- ers Club, 985 F.2d 1036 (10th Cir. 1993), and EEOC
Settlement Agreement Terms. The substantive provisions of the settlement agreement are summarized here. Management of the Oread Inn – Xxxxxx Xxxxxxx will resign as co-manager of Oread Inn, L.C. and during the term the City is obligated to make reimbursements to Oread Inn, L.C., Xx. Xxxxxxx will not serve as co-manager nor as the Developer’s Representative under the Redevelopment Agreement. Two persons will be appointed to serve as co- managers of Oread Inn, L.C. for the remaining term of the Agreement. Oread Inn L.C. and the City Manager will mutually agree on the two co-managers. If they cannot agree, the City and Oread Inn L.C. will enter into mediation to resolve the disagreement.
Settlement Agreement Terms. Parties to execute Crossing Agreement Parties to attempt to determine compensation to be paid to MWDSLS by Q by non- binding mediation before Utah Property Ombudsman If non-binding mediation fails, compensation determined by binding arbitration by Xxxxxxxxx. (Ombudsman services are free) Crossing Agreement to be recorded After Crossing Agreement is signed and recorded lawsuit to be dismissed with prejudice “As Builts” “Betterment” “Construct” and “Construction” “Corridor Property” “Direct Costs” “Indirect Costs” “Losses” “Maintain” and “Maintenance” “MWDSLS Facilities” “Non-Corridor Property” “Surface Inspection” “Third Person” “Utility” and “Utilities”
Settlement Agreement Terms
