Xxxxxxx Lawsuit Sample Clauses

Xxxxxxx Lawsuit. If they are receiving in-home personal care hours, their personal care hours are calculated using the base hours in effect under WAC 388-106-0125 in December 2010”. This statement must remain on all future assessments. Anytime a new assessment is completed that changes the CARE generated in-home hours, contact Xxxx-Xxx XxXxxxx at HCS headquarters. She will assist with calculating the correct number of hours. If this isn’t completed accurately, the Department will be out of compliance with the settlement agreement. When a Planned Action Notice is created for in-home personal care services, document the following under the Reasons/Authority tab: In the Reasons field select “Other”. Under Reasons (Other Specify) document, “You were named in the X.X. x. Dreyfus settlement agreement. Your in-home personal care hours have been re-calculated based on the base hours in effect in December of 2010. In the Authority section of the PAN document the following statement: “Under a legal settlement reached in X.X. x. Dreyfus, X.X.Wa. #C10-2052-TSZ (November 13, 2013), your personal care hours are calculated using the base hours in effect under WAC 388-106-0125 in December 2010 (WSR 00-00-000, filed June 30, 2010). Your services are otherwise governed by the current laws and regulations.” This statement must be included in all in-home personal care service PANs regarding personal care hours. Anytime the file is transferred to a new case manager, unit or office, inform the receiving office of this information. We are working to automate functionality in CARE that will: Calculate the hours based on the base hours that were in place in December 2010; Identify the client as a plaintiff in the X.X. x. Dreyfus settlement agreement; and Auto-populate all in-home personal care PANs with the legal language noted above. Until these changes can be automated, the instructions above will need to be implemented and tracked manually.
Sample 1
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Xxxxxxx Lawsuit. On or about August 4, 2022, a Complaint for Damages, Injunctive Relief, Declaratory Relief, Inverse Condemnation and Jury Demand was filed as Cause No. 45D11-2208-PL-000451 in the Lake Superior Court, Civil Division 7 naming the City of Hobart as defendant (the “Xxxxxxx Action”). The Xxxxxxx Action seeks, inter alia, to reverse or overturn the vacation of the former public right-of-way land described in that certain Plat of Vacation dated 20th day of July, 2022 and recorded August 3, 2022 as Document No. 2022- 024961.
Sample 1
Xxxxxxx Lawsuit. To the maximum extent permitted by applicable law, Xxxxxx agrees to indemnify, defend (with counsel acceptable to Purchaser) and hold harmless Purchaser, and their respective employees, officers, directors, agents, subsidiaries, affiliates, legal representatives, successors and assigns, from and against any and all claims, actions, proceedings, judgments, damages (including consequential damages), liens, fines, liabilities, losses, costs and expenses (including but not limited to attorneys= fees) arising from the Xxxxxxx Action, and any appeals, counter-claims, cross claims or matters arising from the Xxxxxxx Action. Seller shall reaffirm to Purchaser that these warranties are true at the time of the Closing,
Sample 1
Xxxxxxx Lawsuit. Buyer shall cooperate with FGH and provide assistance as reasonably requested by FGO or FGH in the case styled Xxxxxx & Xxxxxxx, Ltd. v. Xxxxxxx X. Xxxxxxx, Xx. and Xxxxxxx & Associates, L.L.C., Civil Action No. 3.02CV13BN, pending in the United States District Court for the Southern District of Mississippi (the "Xxxxxxx Suit") , and any derivative lawsuit and claim therefrom, or any cause of action or claim arising against any part or parties out of the facts and circumstances giving rise to the Xxxxxxx Suit, provided, that FGH shall reimburse Buyer for all reasonable costs incurred by Buyer for any such assistance. In settling the Xxxxxxx Suit, if such suit is settled, Seller shall use reasonable efforts to preserve the value of the Intellectual Property which is the subject of the Xxxxxxx Suit; provided, however, that Seller shall have no obligation whatsoever to pursue or prosecute the Xxxxxxx Suit and may abandon such proceedings at any time in its sole discretion.
Sample 1
Xxxxxxx Lawsuit. In recognition of the potential impact of the XxXxxxx Lawsuit on the Sellers' obligations to the Buyers hereunder, the Sellers and their legal counsel shall provide to the Buyers as set forth below: (i) copies of all pleadings, motions or other materials filed with the court promptly after filing or receipt by either Seller (but in any event within two (2) Business Days after filing or receipt by either Seller); (ii) copies of all nonministerial correspondence between the parties to the XxXxxxx Lawsuit to the extent that such disclosure will not violate any attorney client or similar privilege of either Seller with any 31 third party or any confidentiality agreement or joint defense agreement to which either Seller is a party; (iii) notice of all hearings and depositions relating to the XxXxxxx Lawsuit at least five (5) Business Days prior to such hearing or deposition; and (iv) to the extent permitted by applicable law, copies of all deposition transcripts. All notices to be given pursuant to this SECTION 4.17 shall be given to the following recipients: RECIPIENTS: Xxxxxx X. Xxxxxx, Esq. Senior Vice President and General Counsel Argosy Gaming Company 000 Xxxxx Xxxxxx Xxxxx, Xxxxxxxx 00000 Fax: (000) 000-0000 Xxxxxx X. Xxxxxx, Esq. Goldberg, Kohn, Bell, Black, Xxxxxxxxxx & Xxxxxx, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Fax: (000) 000-0000
Sample 1
Xxxxxxx Lawsuit. The following is added as new Section 7.25 to the Agreement:
Sample 1
Xxxxxxx Lawsuit. (a) Seller shall use best efforts to pursue settlement of or its claims under the Xxxxxxx Lawsuit using all available rights and remedies with respect to the subject matter thereof. Seller shall promptly provide to Buyer any court filings received by Seller. Buyer shall have the reasonable opportunity to review and comment on any court filings made by Seller prior to filing. Seller shall consult in good faith with Buyer on any matters or actions with respect the Xxxxxxx Lawsuit and shall not enter into any settlement agreement thereto without the consent of Buyer. Seller shall name Buyer as a party to the Xxxxxxx Lawsuit or grant to Buyer third party beneficiary rights with respect to the Xxxxxxx Lawsuit.
Sample 1
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Xxxxxxx Lawsuit. Within three (3) Business Days of APW collecting any judgment in the Xxxxxxx Lawsuit, Buyer shall pay to Sellers’ Representatives, as additional Purchase Price, an amount equal to (i) the amount, if any, so collected by APW, minus all Litigation Expenses related to the Xxxxxxx Lawsuit incurred by APW after the Effective Time and not reimbursed by Sellers, minus the payments made pursuant to Section 11.7, multiplied by (ii) one (1) minus the Applicable Tax Rate (to be determined after taking into consideration any applicable federal or state tax loss carryforwards). Sellers’ Representatives shall make all decisions and control the proceedings relating to the Xxxxxxx Lawsuit, and Buyer shall, and shall cause APW, to cooperate with Sellers’ Representatives and do everything reasonably deemed necessary or appropriate by Sellers’ Representatives in connection with collecting the judgment awarded in the Xxxxxxx Lawsuit. If, for any reason, within one hundred eighty (180) days of the date that a final, non-appealable decision in the Xxxxxxx Lawsuit has been rendered, the amount of the judgment collected, if any, is insufficient to reimburse APW for the Litigation Expenses incurred after the Effective Time, Sellers shall pay to Buyer an amount equal to (i) the amount of such Litigation Expenses, multiplied by (ii) one (1) minus the Applicable Tax Rate, and such payment shall be deemed a reduction in the Purchase Price.
Sample 1

Related to Xxxxxxx Lawsuit

  • Xxxxxxxx, Esq If to Borrower, Property Manager, any Guarantor or any Affiliate of Borrower, Property Manager or any Guarantor: c/o Affordable Residential Communities 000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxx, XX 00000 Attention: Xxxxx XxXxxxxx, Vice President and Xxxxx Xxxxxx, Vice President and General Counsel and Xxxxx Xxxxxxx, Chief Financial Officer With a copy to: GMAC Commercial Mortgage Corporation 000 Xxxxxx Xxxx Horsham, Pennsylvania 19044-0809 Attention: Loan Servicing And an additional copy to: Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP 0 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxx X. Xxxxx III, Esq. And an additional copy to: Proskauer Rose LLP 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X. Xxxxxxxxxxx, Esq. Each party may designate a change of address by notice to the other parties, given at least fifteen (15) days before such change of address is to become effective. In no event shall GMAC be removed as a notice party without its prior written approval.

  • Xxxxxxx, Esq If to the Executive, to him at the offices of the Company with a copy to him at his home address, set forth in the records of the Company. Any person named above may designate another address or fax number by giving notice in accordance with this Section to the other persons named above.

  • Xxxxxxxxx, Esq (b) If to Indemnitee, to the address specified on the last page of this Agreement or to such other address as either party may from time to time furnish to the other party by a notice given in accordance with the provisions of this Section 8. All such notices, claims and communications shall be deemed to have been duly given if (i) personally delivered, at the time delivered, (ii) mailed, five days after dispatched, and (iii) sent by any other means, upon receipt.

  • Xxxxxxx Xxxxxxx Policy The terms of the Partnership’s xxxxxxx xxxxxxx policy with respect to Units are incorporated herein by reference.

  • Xxxxxxxxx Xxxx Xxxx Certificate of Trust shall be effective upon filing.

  • Xxxxxx, Esq Xxxxxxxxx Xxxxx Xxxxxxx & Xxxxx, a professional corporation 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Telecopier: (000) 000-0000 if to Investor to: Xxxxx Interactive SA c/x Xxxxx Software Corporation 00000 Xxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxx 00000 Attention: Xx. Xxxxx Xxxx, Chairman and Chief Executive Officer Telecopier: (000) 000-0000 with copies to: Xxxxx Interactive SA Parc de l'esplanade 00, Xxx Xxxxxx Xxxxx Saint Xxxxxxxx des Xxxxxx 00000 Xxxxx xxx Xxxxx Xxxxx Xxxxxx Telecopier: 011-33-1-60-31-59-60 and

  • Xxxxxxxx, Xx (Xxxxxxx Xxxxxxxx).

  • Xxxxxxx, Xx Xxxxxxx X. Xxxxxxx, Xx. has served as a Senior Vice President of IPT since August 1997, and served as Vice President and Director of Operations of IPT from December 1996 until August 1997. Xx. Xxxxxxx'x principal employment has been with Insignia for more than the past five years. From January 1994 to September 1997, Xx. Xxxxxxx served as Managing Director-- Partnership Administration of Insignia. PRESENT PRINCIPAL OCCUPATION OR EMPLOYMENT AND NAME FIVE-YEAR EMPLOYMENT HISTORY ---- ---------------------------- Xxxxxx Xxxxxx Xxxxxx Xxxxxx has served as Vice President and Treasurer of IPT since December 1996. Xx. Xxxxxx served as a Vice President of IPT from December 1996 until August 1997 and as Chief Financial Officer of IPT from May 1996 until December 1996. For additional information regarding Xx. Xxxxxx, see Schedule III.

  • Xxxxxxxxx Xxx Xxxx Agreement shall be governed by the interpreted in accordance with the laws of the State of Washington without reference to its conflicts of laws rules or principles. Each of the parties consents to the exclusive jurisdiction of the federal courts of the State of Washington in connection with any dispute arising under this Agreement and hereby waives, to the maximum extent permitted by law, any objection, including any objection based on forum non coveniens, to the bringing of any such proceeding in such jurisdictions.

  • Xxxxxxxxx, Xx Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer

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