Settlement Considerations Sample Clauses

Settlement Considerations. 1. Representative Plaintiffs and Class Counsel stand by the claims asserted in this Action, including their claims that Xxxxxx Xxxxxx breached the implied warranty of habitability codified at Section 235-b of New York’s Real Property Law and the lease agreements between Xxxxxx Xxxxxx and tenants during the Class Period in all the respects alleged in the Complaint. Notwithstanding that position, without conceding any defect or lack of merit in those claims, and based upon their evaluation of the facts and law, the Representative Plaintiffs and Class Counsel have agreed to settle the Action and release the Xxxxxx Xxxxxx Releasees and Related Party Releasees pursuant to the terms of this Settlement Agreement after considering, among other things, that:
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Settlement Considerations. 1. Based upon (i) investigation into and evaluation of the facts and laws relating to the Claims alleged in the Action, including investigating the facts and laws prior to initiating the Action, (ii) information obtained from the Company and Individual Defendants prior to the Execution Date, (iii) the completion of confirmatory discovery as contemplated in Section II.D, (iv) investigations and legal analysis conducted during the pendency of the Action and (v) sessions with the mediator, Petitioner has agreed to settle the Action and to release the Releasees from Released Securities Holder/Company Claims pursuant to the terms of this Agreement.
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Settlement Considerations. In consideration for the full and complete Release of all Released Claims against all Released Parties, and the dismissal of the Action with prejudice, Defendants agree to provide the following consideration to the Settlement Class.
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Settlement Considerations. 3.1 In determining to enter into this Agreement, the Regulator has taken the following considerations into account (without limitation):
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Settlement Considerations 
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Related to Settlement Considerations

  • Settlement Consideration 2. In consideration of the full settlement, satisfaction, compromise and release of the Released Plaintiffs’ Claims, an aggregate $115 million in cash (the “Escrow Amount”) shall be paid on behalf of the Settling Defendants to Freeport by the D&O Carriers. The Settling Defendants shall cause the Escrow Amount to be deposited by the D&O Carriers into an interest-bearing escrow account controlled by an agreed upon representative of Plaintiffs and of the Settling Defendants (the “Escrow Account”) within fifteen (15) business days after the Stipulation is submitted to the Court. Upon the Effective Date, the Escrow Amount, together with any and all interest thereon, shall be paid to Freeport from the Escrow Account. For the avoidance of doubt, the Settling Defendants shall have no obligation to deposit any portion of the Escrow Amount into the Escrow Account but shall have an obligation to take all reasonably available steps to seek to cause the D&O Carriers to deposit the Escrow Amount into the Escrow Account.

  • THE SETTLEMENT CONSIDERATION 9. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, Defendants shall pay or cause to be paid the Settlement Amount into the Escrow Account no later than the later of (a) fifteen (15) business days after the date of entry by the Court of an order preliminarily approving this Settlement; and

  • Special Considerations Special considerations in determining allowability of compensation will be given to any change in a non-Federal entity's compensation policy resulting in a substantial increase in its employees' level of compensation (particularly when the change was concurrent with an increase in the ratio of Federal awards to other activities) or any change in the treatment of allowability of specific types of compensation due to changes in Federal policy.

  • RISK CONSIDERATION There are no significant risks associated with the recommendations contained within this report. This application may be considered under existing MPS policies. Community Council has the discretion to make decisions that are consistent with the MPS, and such decisions may be appealed to the N.S. Utility and Review Board. Information concerning risks and other implications of adopting the proposed development agreement are contained within the Discussion section of this report. ENVIRONMENTAL IMPLICATIONS No environmental implications are identified.

  • Financial Considerations 5.1 In the event aggregate funding provided to SCDDO from county, state and/or federal sources is reduced or in any way becomes insufficient to fund this Agreement, the obligations of both SCDDO and the CSP must thereupon be: (1) reduced on a pro rata basis, or (2) renegotiated or terminated, provided that any termination of this Agreement must be without prejudice to any obligations or liabilities of the parties accrued prior to the termination.

  • First Consideration The Employer agrees that when a vacancy occurs or a new position is created at the worksite which is within the Union bargaining unit, the Employer shall give its employees, provided there are no employees currently on lay-off, first notice and first consideration in filling the vacancy or new position. Each employee who applies for the vacancy or new position shall be given equal opportunity to demonstrate fitness for the position by formal interview and/or assessment. Where an employee within the bargaining unit is not appointed to fill the vacancy or new position, she shall be given, upon request, an explanation as to why her application was not accepted. The request for reasons must be made within fourteen (14) calendar days of becoming aware that the employee is not the successful candidate, pursuant to Article

  • General Considerations a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service.

  • RENT CONSIDERATION 5.1 - Rent consideration installment payments shall be made during the month for which the installment applies.

  • Other Considerations A. Changes to an Approved Scope of Work: The Recipient shall notify FEMA and shall require a sub-recipient to notify it immediately when a sub-recipient proposes changes to an approved scope of work for an Undertaking.

  • Additional Considerations For each mediation or arbitration:

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