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. 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
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. 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.
Sample 1
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. The following is added as new Section 7.25 to the Agreement:
Sample 1
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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. (b) Seller shall use best efforts to fully enforce any and all rights and remedies with respect any non-solicitation and non-competition provisions in the Xxxxx Xxxxxxx Employment Agreement and pursue any and all remedies for any breach thereof.”
Sample 1

Related to Xxxxxxx Lawsuit

  • 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 If to the Trustee: The Bank of New York Mellon Corporate Trust Division 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxx Xxx Xxxx, XX 00000 Facsimile No.: (000) 000-0000 Attention: Corporate Trust Division The Issuer, any Guarantor or the Trustee, by notice to the others, may designate additional or different addresses for subsequent notices or communications. 92 All notices and communications to the Trustee or any Agent shall be deemed to have been duly given upon actual receipt thereof by such party. All other notices and communications (other than those sent to Holders) will be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if transmitted by facsimile or other electronic transmission; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder of a Global Note will be delivered to the Depositary in accordance with its customary procedures. Any notice or communication to a Holder of a Definitive Note will be mailed by first class mail, certified or registered, return receipt requested, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Failure to give a notice or communication to a Holder or any defect in it will not affect its sufficiency with respect to other Holders. Except with respect to the Trustee and the Agents, if a notice or communication is given in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. In respect of this Indenture, the Trustee shall not have any duty or obligation to verify or confirm that the Person sending instructions, directions, reports, notices or other communications or information by electronic transmission is, in fact, a Person authorized to give such instructions, directions, reports, notices or other communications or information on behalf of the party purporting to send such electronic transmission; and the Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information. Each other party agrees to assume all risks arising out of the use of electronic methods, including any non-secure method, such as, but without limitation, by facsimile or electronic mail, to submit instructions, directions, reports, notices or other communications or information to the Trustee, including without limitation, the risk of the Trustee acting on unauthorized instructions, notices, reports or other communications or information, and the risk of interception and misuse by third parties. If the Issuer gives a notice or communication to Holders, it will give a copy to the Trustee and each Agent at the same time. The Trustee shall have the right to accept and act upon Instructions given pursuant to this Indenture and any related financing documents and delivered using Electronic Means as provided in Section 7.06.

  • Xxxxxxxxxx Rights Upon request, an employee shall have the right to Union representation during an investigatory interview that an employee reasonably believes will result in disciplinary action. The employee will have the opportunity to consult with a local Union Xxxxxxx or Organizer before the interview, but such designation shall not cause an undue delay. (See Last Chance Agreements, Article 21, Section 12).

  • Xxxxxxx, P E. will perform as the Consultant’s principal for this Project. As principal on this Project, this person shall be the primary contact with the Utilities Director, Utilities Engineer, or another person so designated, and shall have authority to bind the Consultant. So long as the individual named above remains actively employed or retained by the Consultant, he/she shall perform the function of principal on this Project.

  • 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.

  • Xxxxxxxx Xxxx Xxx #000, Xxxxxx, XX 00000

  • Xxxxxx, Esq Anyone to whom a notice may be given under this Agreement may designate a new address by notice to that effect given to the other party in accordance with this subsection (b). Each such notice shall be deemed given upon the receipt thereof when delivered in person and on the second business day after the mailing when sent by mail as aforesaid. (c) You understand that, upon exercise of this Option, you may recognize income for tax purposes in an amount equal to the excess of the then fair market value of the Shares purchased over the Option Price for such Shares. Your employer may withhold tax from your current compensation with respect to such income or any other income which it deems you to have received in connection therewith; to the extent that your then current compensation is insufficient to satisfy the withholding tax liability, you will be required to make a cash payment to cover such liability as a condition of exercise of this Option. (d) If this Option shall be mutilated, lost, stolen or destroyed, the Company shall issue in exchange and substitution for and upon cancellation of the mutilated Option, or in lieu of and in substitution for the Option lost, stolen or destroyed, a new Option of like tenor and denomination, but only upon receipt of evidence satisfactory to the Company of such loss, theft or destruction of such Option and such indemnity and, if requested by the Company, such bond, as shall in each case be satisfactory to the Company. You must also comply with such other reasonable requirements and pay such other reasonable charges as the Company may prescribe in connection with such issuance. (e) This Option shall be governed and construed in accordance with the substantive laws of the State of New York applicable to contracts executed, delivered and to be fully performed in the State of New York, without giving effect to contrary provisions regarding conflict of laws. (f) This Agreement shall inure to the benefit of and shall be binding upon your heirs, executors, administrators and legal representatives, and shall inure to the benefit of and be binding upon the Company and its successors and assigns. You may not assign, transfer, pledge, encumber, hypothecate or otherwise dispose of this Agreement, or any of your rights hereunder except if and to the extent expressly permitted by Section 8 of this Agreement, and any such attempted prohibited delegation or disposition shall be null and void and without effect. (g) This Agreement constitutes the complete understanding between the parties with respect to the subject matter hereof, and no statement, representation, warranty or covenant has been made by either party with respect thereto except as expressly set forth herein. This Agreement shall not be altered, modified, amended or terminated except by written instrument signed by each of the parties hereto. (h) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. (i) The section headings contained herein are for the purposes of convenience only, are not intended to define or limit the contents of said sections and are not part of this Agreement. (j) By signing below, you hereby accept this Option subject to all of the terms and provisions hereof and acknowledge all of the representations, warranties and agreements set forth above. This Option shall not be effective until you have signed this Option and delivered it to the Company.

  • XXXXXXX Xxxxxx X. Xxxxxxx

  • Xxxxxxx Xxxx CareFirst BlueChoice’s Service Area is a clearly defined geographic area in which CareFirst BlueChoice has arranged for the provision of health care services to be generally available and readily accessible to Members. CareFirst BlueChoice will provide the Member with a specific description of the Service Area at the time of enrollment. The Service Area is as follows: the District of Columbia; the state of Maryland; in the Commonwealth of Virginia, the cities of Alexandria and Fairfax, Arlington County, the town of Vienna and the areas of Fairfax and Xxxxxx Xxxxxxxx Counties in Virginia lying east of Route 123. SAMPLE If a Member temporarily lives out of the Service Area (for example, if a Dependent goes to college in another state), the Member may be able to take advantage of the CareFirst BlueChoice Away From Home Program. This Program may allow a Member who resides out of the Service Area for an extended period of time to utilize the benefits of an affiliated Blue Cross and Blue Shield HMO. This Program is not coordination of benefits. A Member who takes advantage of the Away From Home Program will be subject to the rules, regulations and plan benefits of the affiliated Blue Cross and Blue Shield HMO. If the Member makes a permanent move, he/she does not have to wait until the Annual Open Enrollment Period to change plans. Please call 000-000-0000 or visit xxx.xxxx.xxx for more information on the Away from Home Program. This attachment contains certain terms that have a specific meaning as used herein. These terms are capitalized and defined in Section A below, and/or in the Individual Enrollment Agreement to which this document is attached. These procedures replace all prior procedures issued by CareFirst BlueChoice, which afford CareFirst BlueChoice Members recourse pertaining to denials and reductions of claims for benefits by CareFirst BlueChoice. These procedures only apply to claims for benefits. Notification required by these procedures will only be sent when a Member requests a benefit or files a claim in accordance with CareFirst BlueChoice procedures. An authorized representative may act on behalf of the Member in pursuing a benefit claim or appeal of an Adverse Benefit Determination. CareFirst BlueChoice may require reasonable proof to determine whether an individual has been properly authorized to act on behalf of a Member. In the case of a claim involving Urgent/Emergent Care, a Health Care Provider with knowledge of a Member's medical condition is permitted to act as the authorized representative. SAMPLE

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