Settlement Negotiations. Subject to prime contract disputes under Section 17.1. 1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures such as mediation, minitrial or other similar procedures.
Settlement Negotiations. With respect to a Claim for which the Indemnitor is obliged to indemnify the Indemnitee hereunder, the Indemnitor may conduct negotiations towards a Settlement and, with the written consent of the Indemnitee (which the Indemnitee agrees not to unreasonably withhold), the Indemnitor may make such Settlement as it deems expedient provided, however, that the Indemnitee shall not be required, as part of any proposed Settlement, to admit liability or agree to indemnify the Indemnitor in respect of, or make contribution to, any compensation or other payment for which provision is made by such Settlement.
Settlement Negotiations. None of Parent nor any of its Affiliates (including Merger Sub) have had any settlement negotiations or other discussions with the parties to the Litigation (as defined in the CVR Agreement) other than the Company.
Settlement Negotiations. The Parties engaged in settlement negotiations in connection therewith outlined the conceptual terms of the Settlement during an April 3, 2024, mediation before Xxxx Xxxxxxxx, which resulted in an accepted mediator’s proposal. All of the Parties’ settlement negotiations have been conducted in good faith and at arm’s length. Through the Parties’ investigations and communications, the Parties have reached a Class Action settlement of this Case that they believe to be fair, adequate, and reasonable, and that Plaintiff believes are in the best interest of the proposed Settlement Class. This Agreement memorializes the terms of the final Settlement agreed to by the Parties as the result of the negotiations just described.
Settlement Negotiations. All of the Parties’ settlement negotiations have been conducted in good faith and at arm’s length. Through the Parties’ investigations and communications, the Parties have reached a class action settlement of this Case that they believe to be fair, adequate, and reasonable, and that Plaintiff believes are in the best interest of the proposed Settlement Class. This Agreement memorializes the terms of the final Settlement agreed to by the Parties as the result of the negotiations just described.
Settlement Negotiations. Subject to prime contract disputes under Section 17.1.1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree.
Settlement Negotiations. Plaintiff’s Counsel (as defined herein) and Counsel for Northwest commenced settlement discussions on February 5, 2017, when Plaintiff’s Counsel sent to Defendants’ Counsel a settlement demand together with a proposal of corporate governance reforms to be instituted by the Company. Since then, Plaintiff’s Counsel and Counsel for Northwest have engaged in settlement negotiations via numerous telephone calls and written proposals. After extensive negotiations, on June 1, 2017, an agreement-in-principle was reached regarding the essential, substantive terms of the settlement of the Action. In connection with settlement negotiations leading up to the agreement-in-principle, the Settling Parties did not negotiate the amount of any application by Plaintiff’s Counsel for attorneys’ fees and expense reimbursement. As set forth in more detail below, as part of the terms of the settlement, Northwest will agree to institute and maintain certain corporate governance reforms for the sooner of three (3) years from the time of their implementation as documented in the minutes of the Board, or the date on which Northwest shall have twenty-five (25) or fewer beneficial owners of its common stock. The corporate governance reforms are fully set forth in Exhibit A. After agreeing to the foregoing essential, substantive terms on June 1, 2017, Plaintiff’s Counsel and Counsel for Northwest negotiated at arm’s length the amount of the application to be filed by Plaintiff’s Counsel for attorneys’ fees and reimbursement of expenses. As a result of these negotiations, the Settling Parties agreed that Plaintiff’s Counsel will apply to the Court for an award of $150,000 for their attorneys’ fees and expenses, and of $2,000 as a service award to Plaintiff, and Defendants will not oppose or object to that application.
Settlement Negotiations. The Parties engaged in settlement negotiations and outlined the conceptual terms of the Settlement during a November 14, 2023 mediation before Xxxx Xxxx. All of the Parties’ settlement negotiations have been conducted in good faith and at arm’s length. Through the Parties’ investigations and communications, the Parties have reached a class action settlement of this Case that they believe to be fair, adequate, and reasonable, and that Plaintiff believes are in the best interest of the proposed Settlement Class. This Agreement memorializes the terms of the final Settlement agreed to by the Parties as the result of the negotiations just described.
Settlement Negotiations. 1. The State and the Participating Local Governments agree to inform each other in advance of any negotiations relating to an Arizona-only settlement with a Pharmaceutical Supply Chain Participant that includes both the State and the Participating Local Governments and shall provide each other the opportunity to participate in all such negotiations.
Settlement Negotiations. 27. Whether a settlement arises from arm’s-length negotiations is often the central focus of the analysis on a motion for preliminary approval. Xxxxxxx, 246 F.R.D. at 472, Xxxxxxx, 2008 WL 4899474, at *4.
