Withdrawal of Claims. A Claimant may withdraw a Claim at any time on written notice to the Manager. The Claim may not be reasserted.
Withdrawal of Claims. Upon the Effective Date, EIX, SCE, each EMG Subsidiary, and each other EIX Releasing Party shall be deemed to have withdrawn with prejudice all Proofs of Claim (as defined in the Amended Plan of Reorganization) asserted against any Debtor in the Chapter 11 Cases, other than Proofs of Claim asserting Claims that are Assumed Liabilities (as defined under the NRG Agreement), which shall be paid and treated in accordance with the Amended Plan of Reorganization and the NRG Agreement. The Approval Order shall authorize and direct the claims agent to designate the foregoing claims as expunged from the claims register as of the Effective Date.
Withdrawal of Claims. The Union agrees that as of the Effective Date of this Agreement all claims, demands, grievances, rights, causes of action and administrative remedies relating to the Grievance are satisfied, discharged and settled.
Withdrawal of Claims. C&T and the C&T Scientists shall withdraw with prejudice all C&T/Scientists Proofs of Claim/Interest set forth in Schedule A attached hereto.
Withdrawal of Claims. Xxxxxxxxxx hereby acknowledges, represents and certifies that as of the effective date of this Agreement, he has not filed, will not file, and waives any claims, suits, or causes of action of any kind against the MTGA or any of the Released Parties (as defined and more fully set forth in Section 4 of this Agreement) that Xxxxxxxxxx could bring in any forum whatsoever arising out of or related to his employment or the separation of that employment with the MTGA up to the date of this Agreement, and he agrees that he will never file or assert such claims in any forum whatsoever. Xxxxxxxxxx acknowledges and agrees that, if any claim, suit or cause of action is brought by any person, government agency, or any other entity in his behalf related to his employment or the separation of that employment with the MTGA, he shall only participate in any such claim, suit or cause of action to the extent required by applicable law and in no event shall he receive or recover any tangible benefit, other than the consideration to be paid pursuant to this Agreement.
Withdrawal of Claims. 4.1 Any Relevant Claim notified pursuant to paragraph 2.1 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn and shall become fully barred and unenforceable six (6) months after the Notice is given pursuant to paragraph 2.1, unless at the relevant time legal proceedings in respect of the Relevant Claim have been commenced by being both properly issued and validly served on the relevant Indemnifying Party(ies).
4.2 Notwithstanding paragraph 4.1, in the case of a Relevant Claim in respect of a contingent liability, provided that the contingent or unquantifiable liability is notified to the relevant Indemnifying Party(ies) within the relevant time period specified in paragraph 3 above the six (6)-month period referred to in paragraph 4.1 shall commence on the date the relevant contingent liability becomes an actual liability and is due and payable. The fact that the liability in respect of a Relevant Claim notified in accordance with paragraph 2.1 on or before the relevant date set out in paragraph 3.1 has not become an actual liability by such relevant date shall not exonerate such relevant Indemnifying Party in respect of the Relevant Claim.
Withdrawal of Claims. FUNB agrees to dismiss with prejudice the Adversary Proceeding and any and all claims asserted therein and CMM agrees to dismiss with prejudice the Counterclaim and any and all claims asserted therein within 20 days after the Settlement Date.
Withdrawal of Claims. Any Claim notified pursuant to paragraph 3.1 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn and shall become fully barred and unenforceable (and no new Claim may be made against the relevant Seller(s) in respect of the facts, matter, events or circumstances giving rise to such Claim) six (6) months after the notice is given pursuant to paragraph 3.1, unless at the relevant time legal proceedings in respect of the Claim have been commenced by being both properly issued and validly served on the relevant Seller(s) and have not been withdrawn or terminated; provided that such six (6) month time limit shall not commence:
(a) in respect of any Claim where paragraph 2.1(b) applies, until the Buyer has made a corresponding claim for recovery against the W&I Insurer and such corresponding claim or entitlement is Determined (as defined in paragraph 13.2 below) (or the relevant member of the Buyer Group has exhausted its rights in respect of such corresponding claim); and
(b) in the case of a contingent or unquantifiable liability, six months after such liability becomes an actual quantifiable liability, subject in each case to paragraph 9 below.
Withdrawal of Claims. Unless otherwise provided for in this Supplemental Agreement No. 2, the Contractor hereby withdraws the Outstanding Claims and any and all claims and entitlements to claim for the Additional …… Works.
Withdrawal of Claims. Xx. Xxxxx hereby acknowledges, represents and certifies that as of the effective date of this Agreement (as set forth in Section 9(d) herein), he has not filed, will not file, and waives any claims, suits, or causes of action of any kind against RCGR (as more fully set forth in Section 4 of this Agreement) that Xx. Xxxxx could bring in any forum whatsoever arising out of or related to his employment or the separation of that employment with RCGR up to the date of this Agreement, and he agrees that he will never file or assert such claims in any forum whatsoever. Xx. Xxxxx acknowledges and agrees that, if any claim, suit or cause of action is brought by any person, government agency, or any other entity in his behalf related to his employment or the separation of that employment with RCGR, he shall only participate in any such claim, suit or cause of action to the extent required by applicable law and in no event shall he receive or recover any tangible benefit, other than the consideration to be paid pursuant to this Agreement.
