Released Conduct definition
Released Conduct means each and every act, omission, representation, or other statement or conduct by Nationwide or any other Released Party that relates in any way, directly or indirectly, to Mutual Fund Payments, revenue sharing or other compensation from third parties, or to any alleged discretion, authority, control, or responsibility respecting assets in the Annuity Contracts or Trust Platforms or the administration of an ERISA-covered plan, including, but not limited to, (a) the solicitation, negotiation, arrangement, or receipt of any Mutual Fund Payments by Nationwide in connection with any of its retirement products or platforms; (b) any fees (including alleged excessive fees), compensation, costs, expenses, or payments; (c) the alleged discretionary authority or discretionary responsibility under the Annuity Contracts or Trust Platforms, or in the administration of ERISA-covered plans; (d) disclosures or the sufficiency of information about Mutual Fund Payments or any asset management, mortality & expense, surrender, administrative, contract, or investment management fees; (e) the assembly, substitution, addition, or removal of investment options from a Product Menu, Program Menu, or Plan Menu; (f) the operation of any variable or separate accounts accompanying the Annuity Contracts or Trust Platforms that purchase and sell Mutual Fund shares for the investment options selected by the Plan or Plan Participants; (g) any alleged rights, obligations, discretion, or conduct by Nationwide to amend, modify, or change any terms of the Annuity Contracts or Trust Platforms; (h) any actions arising out of or related to the negotiation or drafting of the Settlement Stipulation; and (i) the Plan of Allocation and the allocation of any proceeds of the Net Settlement Fund.
Released Conduct means conduct by a Released Party that occurred on or before the date on which the Releases described in Section 10.2 take effect.
Released Conduct means any and all direct or indirect acts, omissions, representations,
Examples of Released Conduct in a sentence
DEA further agrees that it will not initiate any civil or criminal investigation or proceeding in conjunction with any United States Attorney’s Office or the U.S. Department of Justice, Civil or Criminal Division, based in whole or in part on the Released Conduct.
In a proceeding to resolve future alleged violations by the Regulated Party, if any, occurring after the date of this Agreement, this Agreement shall not be deemed to limit, in any way, either parties’ ability to make arguments or assert defenses related to whether the Released Conduct may be considered for purposes of determining penalties for subsequent conduct.
MPCA further agrees not to exercise any administrative, legal, or equitable remedies against the Regulated Party related to the Alleged Violations and Released Conduct.
More Definitions of Released Conduct
Released Conduct means each and every act, omission, representation, or other statement or conduct by any or all Defendants, or any other Released Parties in connection with and/or relating to management decisions and management conduct of IMP and/or the InnoMeds; selling securities in the IMP or the InnoMeds; raising capital for IMP or the InnoMeds; or filing, registering, or maintaining intellectual property on behalf of IMP or the InnoMeds on or before the Final Settlement Date.
Released Conduct means any actual or alleged act, failure to act, negligence, creation of any public or private nuisance, statement, error, omission, breach of any duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity of any kind whatsoever from the beginning of time through the Effective Date (and any past, present, or future consequence of any such act, failure to act, negligence, statement, error, omission, breach of duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity) relating in any way to: (a) the distribution, dispensing, delivery, monitoring, reporting, supply, sale, prescribing, physical security, warehousing, coverage, purchases, reimbursement, discovery, development, manufacture, packaging, repackaging, marketing, promotion, advertising, labeling, recall, withdrawal, or use or abuse of any Product; (b) orders, prescriptions, formularies, guidelines, payments or rebates for any Product; (c) policies, practices and/or operating procedures, insurance, claim or benefit administration, claim adjudication, plan design, data and/or sales thereof, relating to, any Product; (d) any system, plan, policy or advocacy relating to any Product, including, but not limited to, any promotion, marketing, programs, or campaigns relating to any Product; (e) the characteristics, properties, risks, or benefits of any Product; (f) the reporting, disclosure, nonreporting or non-disclosure to federal, state or other regulators of orders or prescriptions; (g) the purchasing, selling, acquiring, disposing of, importing, exporting, handling, processing, packaging, supplying, distributing, or converting of any Product; or (h) controls against diversion, corresponding responsibility, and/or suspicious order monitoring.
Released Conduct means each and every act, omission, representation, or other statement or conduct by any or all Defendants, or any other Released Parties in connection with