Settlement Through Mediation Sample Clauses

Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to both participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way.
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Settlement Through Mediation. Plaintiff, Class Counsel, Experian, and Experian’s Counsel engaged in extensive, good- faith, arms’-length negotiations under the supervision of the Xxx. Xxxxx Xxxxx, a private mediator, including multiple day-long sessions and follow-up electronic communications. The negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement pursuant to Federal Rule of Civil Procedure 23(b)(2). It is the desire and intention of the Parties by entering into this Agreement to fully, completely, and finally settle and resolve all existing equitable claims for injunctive relief that relate to or arise out of the facts and claims alleged in this action, but to preserve and not release any claims for any actual, statutory and/or punitive damages or other remedy other than injunctive relief. Class Counsel has concluded that a settlement with Experian on the terms set forth herein is fair, reasonable, adequate, and in the best interests of the Settlement Class based upon their investigation and discovery, and taking into account the sharply contested issues involved, the uncertainty and cost of further prosecution of this action, and the substantial benefits the injunctive relief provides the Settlement Class pursuant to this Agreement. Class Counsel intends to continue to pursue claims for monetary damages on behalf of the Plaintiff and putative class as alleged in the Complaint.
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Settlement Through Mediation. Plaintiff’s Counsel and counsel for Defendants engaged in extensive good-faith, arm’s- length negotiations and participated in a formal mediation session on July 31, 2018, before Xxxxxx Xxxxx, Esq. of JAMS. The Parties’ negotiations and the mediation session resulted in an agreement on the principal terms of a settlement pursuant to an agreed term sheet. It is the Parties’ desire and intention by entering into this Agreement to effect a full, complete, and final settlement and resolution of all existing disputes and claims that relate to or arise out of the facts and claims alleged in the Lawsuit. Defendants have agreed to make available, subject to Section V below, up to fifteen million five hundred thousand dollars ($15,500,000.00) to fund the settlement, which shall be available to pay Class Members who submit valid claims as further defined herein, to pay attorneys’ fees and out-of-pocket litigation expenses to Plaintiff’s counsel, to pay an incentive award to Plaintiff, and to pay the costs of notifying the Settlement Class and administering the settlement through a third-party claims administrator (the “Settlement Fund”).
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Settlement Through Mediation. 6.7.1. If the participants have failed to reach an acceptable settlement prior to the end of the Mediation Meeting, the Mediator, before concluding the Mediation Meeting, may submit to the participants a settlement proposal based on the same considerations Exhibit 1 to Franchise Agreement (Exhibit D of Multi-State Disclosure Document Control No. 040114) Xx Xxxxx Xxxx # Xxxxxxxx to be used by an Arbitrator as set forth in Article VII which the Mediator deems to be equitable to all participants. Each of the participants will, in good faith, evaluate the proposal and discuss it with the Mediator. In the event that a settlement is not reached, neither the terms of the proposed settlement nor either party’s refusal to agree thereto shall be admissible in the Arbitration Proceedings nor brought before the Arbitrator in any way.
Sample 1
Settlement Through Mediation. This Settlement Agreement has been reached after the Parties completed extensive discovery of documents and data relevant, or claimed to be relevant, to the claims of Named Plaintiffs and those of the classes they purport to represent. The Named Plaintiffs and Defendant recognize the outcome of this matter is uncertain, and a final resolution through the litigation process would require several more years of protracted adversarial litigation and appeals; substantial risk and expense; the distraction and diversion of the Defendant’s personnel and resources and the expense of any possible future litigation raising similar or duplicative claims; and the Named Plaintiffs, their counsel, Defendant have agreed to resolve this matter as a settlement class action according to the terms of this Settlement Agreement. The Settlement Agreement is a product of sustained, arms’ length settlement negotiations and an extensive mediation session supervised by a retired federal Magistrate Judge. Those negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement.
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Settlement Through Mediation. On or about May 2008, following substantial exchange of discovery by agreement between the parties, Plaintiffs’ Counsel and counsel for HSBC Defendants began an extensive, good faith arm’s-length negotiation concerning the possible settlement of the Xxxxx, Xxxxxx and Xxxxxx Actions, including without limitation by participating in mediation sessions with the Xxxxxxxxx Xxxxxx X. Infante (Xxx.)
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Settlement Through Mediation. The Class Representative, Class Counsel, TransUnion and TransUnion’s Counsel engaged in extensive, good faith arm’s-length negotiations, including participating in a private mediation over the course of two (2) full days with an experienced neutral, Xxxxx Xxxxxx. It is the desire and intention of the Parties by entering into this Agreement to effect a full, complete and final Settlement and resolution of the Action.
Sample 1
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Settlement Through Mediation. Class Representatives, Class Counsel, TransUnion and TransUnion’s Counsel engaged in extensive, good faith arms’-length negotiations under the supervision of the Magistrate, including by participating in multiple settlement conferences with the Magistrate as well as three day-long sessions and multiple telephonic conferences with a private mediator, Rodney Max. The negotiations and mediation sessions resulted in an agreement on the principal terms of a settlement. It is the desire and intention of the Parties by entering into this Agreement to effect a full, complete and final settlement and resolution of all existing disputes and claims that relate to or arise out of the facts and claims alleged in the Actions.
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Related to Settlement Through Mediation

  • Negotiation and Mediation If either party serves written notice of a Dispute upon the other party (a “Dispute Notice”), the parties will first attempt to resolve the Dispute by direct discussions between representatives of the parties who have authority to settle the Dispute. In the event the Dispute is not resolved within 15 days by the initial representatives to whom the matter is referred, the Dispute will be escalated for resolution to the CFO of each party. If the parties agree, they may also attempt to resolve the Dispute through mediation administered by a mutually agreed upon mediator.

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:

  • Settlement Procedure Timetable For orders of Book-Entry Securities solicited by a Selling Agent and accepted by the Company for settlement on the third business day after the Trade Date, Settlement Procedures “A” through “H” set forth above shall be completed as soon as possible but not later than the respective times (New York City time) set forth below: Settlement Procedure Time

  • Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.

  • Settlement Procedures Timetable In the event of a purchase of Notes by the Purchasing Agent, as principal, appropriate Settlement details, if different from those set forth below, will be set forth in the applicable Terms Agreement to be entered into between the Purchasing Agent and the Company pursuant to the Selling Agent Agreement. For orders of Notes solicited by an Agent, as agent, and accepted by the Company, Settlement Procedures "A" through "M" shall be completed as soon as possible but not later than the respective times (New York City time) set forth below: Settlement: Procedure Time

  • Settlement Terms Settlement Currency: USD

  • Settlement Funds The Servicer shall be named as a payee on all insurance loss drafts and upon receipt thereof, the funds shall be credited to the Borrower's Insurance Proceeds balance and deposited into (a) where such funds will be applied to the repair and restoration of the related Mortgaged Property and where required by applicable state law, one or more separate escrow accounts, so that the balance on deposit in such accounts is fully insured at all times by the FDIC through either the BIF or SAIF or (b) where such funds will not be applied to the repair and restoration of the related Mortgaged Property, the respective Custodial P&I Account.

  • Cooperation in Defense and Settlement (a) With respect to any Third Party Claim that implicates both Parties in any material respect due to the allocation of Liabilities, responsibilities for management of defense and related indemnities pursuant to this Agreement or any of the Ancillary Agreements, the Parties agree to use commercially reasonable efforts to cooperate fully and maintain a joint defense (in a manner that, to the extent reasonably practicable, will preserve for all Parties any Privilege with respect thereto). The Party that is not responsible for managing the defense of any such Third Party Claim shall, upon reasonable request, be consulted with respect to significant matters relating thereto and may, if necessary or helpful, retain counsel to assist in the defense of such claims. Notwithstanding the foregoing, nothing in this Section 5.5(a) shall derogate from any Party’s rights to control the defense of any Action in accordance with Section 5.4.

  • Settlement With respect to any Third Party Claims that relate solely to the payment of money damages in connection with a Third Party Claim and that will not result in the Indemnified Party’s becoming subject to injunctive or other relief or otherwise adversely affecting the business of the Indemnified Party in any manner, and as to which the indemnifying Party will have acknowledged in writing the obligation to indemnify the Indemnified Party hereunder, and subject to the Litigation Conditions being satisfied, the indemnifying Party will have the sole right to agree to the entry of any judgment, enter into any settlement or otherwise dispose of such Loss, on such terms as the indemnifying Party, in its sole discretion, will deem appropriate. With respect to all other Losses in connection with Third Party Claims, where the indemnifying Party has assumed the defense of the Third Party Claim in accordance with Section 9.6(d)(i), the indemnifying Party will have authority to agree to the entry of any judgment, enter into any settlement or otherwise dispose of such Loss provided it obtains the prior written consent of the Indemnified Party (such consent not to be unreasonably withheld, delayed or conditioned). The indemnifying Party will not be liable for any settlement or other disposition of a Loss by an Indemnified Party that is reached without the prior written consent of the indemnifying Party. Regardless of whether the indemnifying Party chooses to defend or prosecute any Third Party Claim, no Indemnified Party will admit any liability with respect to or settle, compromise or discharge, any Third Party Claim without the prior written consent of the indemnifying Party, such consent not to be unreasonably withheld, delayed or conditioned.

  • Settlement of Disputes; Arbitration 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive's claim has been denied.

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