Examples of Settling Participants in a sentence
Moreover, except for the purpose of enforcing the terms and conditions of this Agreement as between and among the Parties and the Additional Settling Participants, nothing herein shall establish any facts or precedents as between the Parties, the Additional Settling Participants, and any third parties as to the resolution of any dispute.
This Agreement shall be binding upon and inure to the benefit of the Parties and Additional Settling Participants hereto and their permitted successors and assigns.
To the extent not governed by federal law, this Agreement and the rights and duties of the Parties and the Additional Settling Participants hereunder will be governed by and construed, enforced, and performed in accordance with the laws of the State of California, without giving effect to principles of conflicts of laws that would require the application of laws of another jurisdiction.
Such Participants that become Settling Participants will not receive or be liable for payment until the date on which FERC requires Participants to pay such allowances in the FERC Refund Proceedings, at which time the payments owed to or owing from such Participants will be adjusted based on the FERC Allowances Determination.
Except as provided in this Agreement, each of the Parties and Additional Settling Participants shall pay its own costs and expenses, including, but not limited to, attorneys’ fees, incurred in connection with the disputes that are settled herein and the negotiation and preparation of this Agreement and its implementation, including, but not limited to, costs and expenses incurred in preparing stipulations, making motions, and seeking the Required Approvals.
The Settlement Agreement has been executed by the Settling Participants in coordination with the settlement in the CFTC Matter.
There is, however, a true-up of the interest and Interest Shortfall distributions to Settling Participants following the Commission’s determination of interest issues regarding the ISO and PX settlement rerun and refund calculations.
Settling Participants are responsible for their ultimate allocable share of the agreed upon Fuel Cost Allowance and Emissions Offset, with the allocation based on the FERC Allowances Determination.
The Settling Participants also agree that the NYMEX NG settlement price on the three relevant dates would likely have been different if Amaranth Advisors had not traded during the settlement periods on those days.
The Settlement Agreement resolves, as to all Settling Respondents, all claims actually brought or that could have been brought in the Matter as to the named Settling Participants, their parents, subsidiaries, and affiliates, and each of their agents, officers, directors, and employees, both past and present with the exception of Brian Hunter, and any successor in interest (“Releasees”).