The Settlement Agreement. On November , 2016, the Parties 13 entered into a settlement agreement resolving all of the issues in the Lawsuits and related 14 issues in connection with the SR 241 Extension Project (“Settlement Agreement”). A 15 true and correct copy of the Settlement Agreement is attached to, and incorporated by 16 reference into, the [Proposed] Judgment Confirming and Implementing Settlement (“Final 17 Judgment”), attached hereto as Attachment A. The Parties desire to have the Settlement 18 Agreement incorporated into a judgment to give the settlement binding effect within the 19 litigation, with the Court to exercise continuing jurisdiction under Code of Civil 20 Procedure § 664.6 to ensure that the terms of the settlement are carried out.
The Settlement Agreement. 6.1. Where Settlement is reached and has been approved by the Board of the Commission, the terms of the Settlement will be formalised in a signed Settlement Agreement (“Agreement”).
The Settlement Agreement. 3.1 contemplates the establishment of a local economic development trust (the "Trust"), which is entitled to certain benefits under the Settlement Agreement;
The Settlement Agreement. The Owner, the City, the District and certain other community facilities districts of the City entered into that certain Settlement Agreement (the “Settlement Agreement”) dated February 7, 2017, which is incorporated herein by this reference. This Acquisition Agreement is intended to, among other things, implement the terms of Sections 4 and 5 of the Settlement Agreement. Under the Settlement Agreement, the Owner and the City are to enter into this Acquisition Agreement and similar acquisition agreements with respect to the Improvement Area, the City’s Community Facilities District No. 2016-2, the City’s Community Facilities District No. 2016-3 and Improvement Areas 8E and 17D of the District (the “Other Acquisition Agreements”) in order to, among other things, provide the terms pursuant to which the Owner is to design and construct certain DIF Improvements (defined below) or advance funds to the City to design and construct other DIF Improvements. The amount of the advances and expenditures for DIF Improvements shall be reimbursed to the Owner from the proceeds of special taxes and bonds of the Improvement Area as specifically provided for in this Acquisition Agreement. Under the Settlement Agreement, the Owner has the right to receive a credit against DIFs for its design and construction of identified DIF Improvements.
The Settlement Agreement. If you would like to obtain a complete copy of the Settlement Agreement and the exhibits, you may review them at xxx.XxxxxXxxxxxxxxx.xxx.
The Settlement Agreement. Is Reasonable in Light of the Record as a Whole The Commission should adopt the Settlement Agreement as reasonable in light of the entire record. Before reaching this settlement, the Settling Parties carefully reviewed PG&E’s Application, PG&E’s Opening Testimony, the MOU, NDC’s Testimony, and PG&E’s Rebuttal Testimony on the issues and conducted discovery thereon. The Settlement Agreement represents equitable compromises reached after careful review and discussion by the Settling Parties of the Application and submitted testimony as well as information obtained during discovery. The Settlement Agreement is reasonable because it was reached only after meaningful give-and-xxxx 0 D.00-00-000, mimeo, pp. 8-9, citing D.00-00-000 (30 CPUC 2d 189, 221-223) and D.00-00-000 (40 CPUC 2d. 301, 326). 7 D.00-00-000, 2010 Cal PUC LEXIS 467 at *87; and see D.00-00-000, mimeo, p. 8, citing D.00-00-000, 46 CPUC 2d 538, 553. See also D.00-00-000, 2010 Cal. PUC LEXIS 556 at *55 (Commission decisions “express the strong public policy favoring settlement of disputes if they are fair and reasonable”); D.10- 11-035, 2010 Cal. PUC LEXIS 495 at *17 (the Commission’s “long-standing policy favoring settlements…reduces litigation expenses [and] conserves scarce Commission resources”); and see D.10- 11-011, 2010 Cal. PUC LEXIS 533 at *50 (“There is a strong public policy favoring the settlement of disputes to avoid costly and protracted litigation[.]”) 8 See generally, D.00-00-000, mimeo, pp. 7-13, 18. in collaborative negotiations, during which all of the Settling Parties made concessions to resolve issues in a manner that reflects a fair compromise of their litigation positions.9 TURN and CforAT support the Motion to Approve the Settlement Agreement. CalAdvocates and the Small Business Utility Advocates (“SBUA”) do not oppose the Motion to Approve the Settlement Agreement. No party opposes. This Motion, the attached Settlement Agreement, and the prepared testimony submitted in this proceeding contain sufficient information for the Commission to conclude that the Settlement Agreement is reasonable and adopt it without modifications.
The Settlement Agreement. 1. Mediators are not encouraged to participate in assisting the parties to draft their settlement agreement. Your RICS Mediator may not have a legal background, even though he or she will be experienced in the type of dispute being mediated. RICS Mediators will therefore generally not participate in drafting the settlement where you or the other party has legal representation. If that is not the case the Mediator will encourage you either to settle the agreement yourselves, or at least the heads of agreement, and then have a lawyer provide such additional detail as is necessary.
The Settlement Agreement. 12 Q. On page 1 of his contested settlement direct testimony, BMP witness Xxxxxx alleges 13 that there are “inconsistencies, failures and risks presented by the proposed 14 Settlement.” Furthermore, on page 1 of his contested settlement direct testimony, 15 Energy Michigan witness Xxxxx indicates that “Energy Michigan is objecting to the 16 Settlement” and on page 9 of his testimony, Xxxxxxxxx witness Xxxx recommends that 17 the Settlement Agreement be rejected. Please describe the proposed Settlement 18 Agreement which the BMPs, Energy Michigan, and Wolverine are contesting.
The Settlement Agreement. 2.1 Date 21 August 2009 2.2 Parties (i) the Purchaser (ii) CIDCOL
The Settlement Agreement. 29. The Settlement Agreement will resolve (a) all economic loss actions resulting from the Recalls asserted against both New GM and the GUC Trust; (b) the GUC Trust’s pending Excess Distribution Motion; and (c) certain potential claims between the GUC Trust and New GM (including any issue concerning the Adjustment Shares). The Settlement Agreement reflects an integrated, commercially reasonable, and comprehensive settlement of the Plaintiffs’ putative class claims against the GUC Trust and New GM, and of any and all claims between the GUC Trust and New GM. Each component and protection contained in the Settlement Agreement was heavily negotiated among the Parties and forms part of the overall Settlement. The key terms of the Settlement are as follows:
