Xxxxxxxxx Xxxxx Settlement Agreement Sample Clauses

Xxxxxxxxx Xxxxx Settlement Agreement. The defendants argue that the release provision in the settlement agreement which resolved Xxxxxxxxx Xxxxx, LLC v. Project Transition bars the plaintiff‟s complaint in this case in its entirety. The defendants argue that the settlement agreement released the defendants of any and all claims related to the fire, except for crossclaims in the three then-pending cases and any crossclaims in future cases brought by tenants. The defendants argue that, because the three pending cases settled and were dismissed, Xxxxxxxxx Xxxxx forfeited its crossclaims against the defendants. The defendants also argue that, if the settlement agreement does not bar Xxxxxxxxx Xxxxx‟s claims entirely, the settlement agreement did not preserve the breach of contract claim against Project Transition or any claims against Philadelphia Indemnity, because it only carved out contribution and indemnification crossclaims in the tenant suits to which Philadelphia Indemnity was not a party. Xxxxxxxxx Xxxxx argues that the settlement agreement was explicitly limited to specific property damage suffered by Xxxxxxxxx Xxxxx. Also, the settlement agreement carved out claims for indemnification or contribution in the three pending cases, and those claims were not waived by settlement and dismissal of those cases. The Court agrees with the plaintiff. “A signed release is binding upon the parties unless executed and procured by fraud, duress, accident or mutual mistake.” Bowersox Truck Sales and Serv., Inc. v. Harco Nat‟l Ins. Co., 209 F.3d 273, 279 (3d Cir. 2000) (quoting Three Rivers Motors Co. x. Xxxx Motor Co., 522 F.2d 885, 892 (3d Cir. 1975)). In interpreting the terms of a release, the intention of the parties governs, and that intention must be gathered from the language of the release. Id. (quoting Three Rivers Motors Co., 209 F.3d at 892). In determining the intent of the parties to a release, the Court must look at the agreement as a whole. Xxxxx x.
Sample 1
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Related to Xxxxxxxxx Xxxxx Settlement Agreement

  • Term of Agreement This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.

  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

  • DURATION OF AGREEMENT All agreements and obligations of the Company contained herein shall continue during the period Indemnitee serves as a director or officer of the Company or as a director, officer, trustee, partner, manager, managing member, fiduciary, employee or agent of any other corporation, partnership, joint venture, trust, employee benefit plan or other Enterprise which Indemnitee serves at the request of the Company and shall continue thereafter so long as Indemnitee shall be subject to any possible Proceeding (including any rights of appeal thereto and any Proceeding commenced by Indemnitee pursuant to Section 14 of this Agreement) by reason of Indemnitee’s Corporate Status, whether or not Indemnitee is acting in any such capacity at the time any liability or expense is incurred for which indemnification or advancement can be provided under this Agreement.

  • Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.

  • Life Insurance No portion of your IRA may be invested in life insurance contracts.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer:

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

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