Waiver and Settlement. Any grievance which has not been presented under the grievance procedure within the time period for presentation of grievances, and any grievance which is not appealed to the next step of the grievance procedure within the applicable time specified herein shall be considered withdrawn and shall not be subject to further discussion or appeal. The grievant and the Union shall be deemed to have waived their rights with respect to all matters within the scope of such grievance, but withdrawal of the grievance because of the failure to timely pursue it shall not be considered a binding precedent against the Union if any similar issues arise in the future. If the City fails to meet time limits established by this procedure, then the grievance may be appealed to the next step. This grievance procedure is the exclusive method for resolving disputes within its scope.
Waiver and Settlement. Effective upon the execution of this Agreement, and concurrent with the return to the Company of the signed Stock certificates for ten million shares (10,000,000) in the name of Appalachian Technology and Transportation, (Appalachian) Inc. for cancellation of five million shares (5,000,000) and re-issuance of two million shares (2,000,000) of restricted common stock in the name of Appalachian and three million shares (3,000,000) in the names per schedule A, attached, the Contractor hereby waives all rights, claims, interests and title to the Original Agreement and hereby agrees that any previous agreements or understandings between the Parties are null and void and of no further force or effect. Further, the Contractor will concurrently execute the attached Resignation Letter, in consideration for a one-time settlement and separation fee of one-hundred thousand dollars ($100,000) to be paid to Contractor, commencing with $10,000 payments on July 25, 2007 and the first of the month for August through December 2007 with a final payment not later than December 31, 2007 for which the Contractor will be responsible for his own taxes. Further, for a period of one-year, the Company acknowledges that it will compensate Contractor a Finders Fee (Fee) at a rate of five percent of the gross amount of dollars received by the Company in the form of a debenture, note or similar instrument, brought about through the sole efforts of the Contractor, said Fee to be payable within 10 days of receipt of those funds by the Company. It is understood that this Fee as a cumulative and total Fee and any other costs or fees associated with the delivery of such funding will be deducted from this Fee. The Company and the LP hereby and forever agree to indemnify Contractor against any and all claims for all of time from the Company and/or the LP or any of their members or shareholders brought about as a result of Contractors representation, services provided, and work performed from the date of the first Contractor engagement through the date of this Agreement. Further, the Company agrees to indemnify, hold harmless, and cover any expenses or judgments against Contractor from any actions, suits, or claims from Rxxxxxx Xxxxxxx, Consumer Value Network, Sxxxx Xxxxx or its affiliates or assigns.
Waiver and Settlement. Effective upon the execution of this Agreement, and concurrent with the return to the Company of the signed Stock certificates for ten million shares (10,000,000) in the name of Appalachian Technology and Transportation, (Appalachian) Inc. for cancellation of five million shares (5,000,000) and re-issuance of five million shares (5,000,000) of restricted common stock in the name of Appalachian the Contractor hereby waives all rights, claims, interests and title to the Original Agreement and hereby agrees that any previous agreements or understandings between the Parties are null and void and of no further force or effect. Further, the Contractor will concurrently execute the attached Resignation Letter, in consideration for a one-time settlement and separation fee of one-hundred thousand dollars ($100,000) to be paid to Contractor, commencing August 1, 2007 and based upon the Company’s ability to pay will make additional payments with a final payment not later than December 31, 2007. Further, for a period of one-year, the Company acknowledges that it will compensate Contractor a Finders Fee (Fee) at a rate of five percent of the gross amount of dollars received by the Company in the form of a debenture, note or similar instrument, brought about through the sole efforts of the Contractor, said Fee to be payable within 10 days of receipt of those funds by the Company. It is understood that this Fee as a cumulative and total Fee and any other costs or fees associated with the delivery of such funding will be deducted from this Fee. The Company and the LP hereby and forever agree to indemnify Contractor against any and all claims for all of time from the Company and/or the LP or any of their members or shareholders brought about as a result of Contractors representation, services provided, and work performed from the date of the first Contractor engagement through the date of this Agreement. Further, the Company agrees to indemnify, hold harmless, and cover any expenses or judgments against Contractor from any actions, suits, or claims from Rxxxxxx Xxxxxxx, Consumer Value Network, Sxxxx Xxxxx or its affiliates or assigns.
Waiver and Settlement. Effective upon the execution of this Agreement, and concurrent with the return of the signed and medalionized Stock certificate to the Company, Contractor hereby waives all rights, claims, interests and title to the Original Agreement and hereby agrees that any previous agreements or understandings between the Parties are null and void and of no further force or effect. After cancellation of that Stock, the Company will cause to be issued to Contractor and Contractor hereby accepts Two Million Two Hundred Twenty Five Thousand (2,225,000) shares (“New Stock”) of the Company’s Common Stock (“New Shares”) as payment in full for services rendered and in complete satisfaction of all obligations in connection with the Company’s Original Agreement and any other services relating thereto through the date of this Settlement Agreement. Additionally, $8,298.00 will be paid directly to Falcon in two payments of $4,464.49 commencing on September 15, 2007 and final payment on October 15, 2007 for prior services rendered. Contractor hereby agrees that payment of the New Stock and $8,298.00 will constitute payment in full and that there are no further fees or compensation due and owing to Contractor. Furthermore, Contractor will deliver to Company all documents and equipment that is rightfully the Company’s within 10 days of signing of this Settlement Agreement
Waiver and Settlement. Company shall contact the following vendors and discuss a payment schedule for appropriate and valid services that have been rendered to the Company through Contractor:
