ADA Settlement Agreement Sample Clauses

ADA Settlement Agreement. CSU acknowledges that it is aware of and has received a copy of the ADA Settlement Agreement. From and after the Closing, CSU shall assume and perform all ofthe City’s obligations under the ADA Settlement Agreement. CSU acknowledges and agrees that from and after the Closing, CSU shall act as the successor and assignee of the City under and pursuant to the terms of the ADA Settlement Agreement. The City shall deliver to CSU copies of any notice, written demand, written request or other correspondence received from Plaintif ’s Representative concerning the ADA Settlement Agreement within five (5) Business Days ofthe City’s receipt ofthe same. The terms of this Section shall survive the Closing.
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ADA Settlement Agreement. The Settlement Agreement and Mutual Release dated February 12, 2001, as amended by the First Amendment thereto dated September 2, 2005, in the matter of Xxxxxxx Xxxxxx, et al. v. City of San Diego, et al., U.S. District Court Case No. 97-cv-1547 BTM (LSP), relating to alleged violations of the Americans with Disabilities Act with respect to the operation and maintenance of the Existing Stadium.
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ADA Settlement Agreement. Seller shall cause the remediation obligations set forth in Section 3 of the ADA Settlement Agreement (the “Remediation Work”) to be completed in accordance with the terms of the ADA Settlement Agreement. The Remediation Work shall be performed at Seller’s sole cost and expense, in a good, workmanlike and lien-free manner. Purchaser shall provide Seller and its Affiliates, contractors, representatives, and agents reasonable access to the Hotel in order to complete the Remediation Work after the Closing and shall otherwise cooperate with the Seller in connection therewith to avoid undue interference with, or disruption to, the operation of the Hotel while giving due regard to having such work completed in a timely and cost effective manner. Except as required by the ADA Settlement Agreement, Seller shall not remove any existing amenities or features that are the subject of the remediation measures agreed to in the ADA Settlement Agreement without the prior consent of Purchaser. Upon completion of the Remediation Work, Seller shall provide written notice to Purchaser and Purchaser shall have a period of five (5) Business Days from the delivery of such notice (the “Remediation Objection Period”) to provide written notice to Seller (a “Remediation Objection Notice”) setting forth in reasonable detail any elements of the Remediation Work which Purchaser reasonably believes were not completed in accordance with this Section VIII.K (“Unfinished Remediation Items”). If Purchaser fails to deliver a Remediation Objection Notice to Seller within the Remediation Objection Period, Seller shall be deemed to have fully satisfied its obligation to perform the Remediation Work pursuant to this Section VIII.K and Purchaser shall be deemed to have accepted such Remediation Work from Seller on an “as-is”, “where-is”, “with all faults” basis. If Purchaser delivers a Remediation Objection Notice to Seller within the Remediation Objection Period and Seller disputes any Unfinished Remediation Items set forth therein, the Parties shall submit such dispute to an arbitrator reasonably acceptable to both Parties. Seller shall cause any undisputed Unfinished Remediation Items and any disputed Unfinished Remediation Items approved by such arbitrator to be completed in accordance with this Section VIII.K. Upon Seller’s completion of such Unfinished Remediation Items, Seller shall be deemed to have fully satisfied its obligation to perform the Remediation Work pursuant to this Section VI...
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ADA Settlement Agreement. CSU acknowledges that it is aware of and has received a copy of the ADA Settlement Agreement, CSU agrees to comply with all terms and conditions of the ADA Settlement Agreement, and subject to the City’s express representations and warranties set forth in Section 10.2(d) below, the City will have no further obligations under the ADA Settlement Agreement after the Closing. In connection with its operations of the Existing Stadium after the Closing, CSU will comply with all state and federal Law for the sale of wheelchair spaces and the adjacent companion seat and semi-ambulatory and armless aisle transfer seats, and any other specific requirements of the Law. The City will deliver to CSU copies of any notice, written demand, written request or other correspondence received from Plaintiff’s Representative or anyone else concerning the ADA Settlement Agreement within five (5) Business Days of the City’s receipt of the same. The preceding provisions of this Section shall survive the Closing. In addition, with respect to any pre- Closing time period during which the CSU Interim Lease or the CSU New Lease is in effect, the following provisions will apply: (a) the City will remain as the Defendant’s Representative, as defined in the ADA Settlement Agreement, for the purposes of administering the ADA Settlement Agreement; (b) CSU will provide to the City, at no cost to the City, and at least two weeks before any event at the Existing Stadium, 25 wheelchair seating pairs, 28 semi-ambulatory seating pairs, and 20 armless transfer seat seating pairs (for a total of 146 seats) applicable to the upcoming Existing Stadium event, and the City will distribute those seating pairs to the Plaintiff’s Representative, as defined in the ADA Settlement Agreement; and (c) within five (5) Business Days after the City’s receipt of CSU’s notice, the City will provide written notice to CSU designating the location of such seats.
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ADA Settlement Agreement. Based on the current, actual knowledge of Xxxxxx Xxxxxxxx, in her capacity as the City’s Director of the Real Estate Assets Department, and thereafter, if Xxxxxx Xxxxxxxx is no longer employed by the City and available, then based on the current, actual knowledge of the designated City representative being most familiar with Existing Stadium operations as determined by the Mayor, without any independent duty of inquiry or investigation in either case, (i) the City has provided CSU with a true and complete copy of the ADA Settlement Agreement, which has not been amended, modified, or supplemented in any way; (ii) all improvements, including capital improvements, required to be performed pursuant to the ADA Settlement Agreement or any subsequent compliance inspections or other obligations required to have been performed under the ADA Settlement Agreement have been performed; (iii) there are no defaults under the ADA Settlement Agreement, and no event has occurred and no condition exists, which with the giving of notice or the passage of time, or both, will constitute a default under the ADA Settlement Agreement; (iv) there are no amounts owed to plaintiffs, their counsel, or anyone else pursuant to the ADA Settlement Agreement; and (v) the City has provided CSU with true and correct copies of reports or other documentation prepared in connection with any compliance inspections performed under the ADA Settlement Agreement, along with records of any actions taken and acceptance of the same by Plaintiff’s Representative within the last three (3) years. If the City learns of any material inaccuracy in City’s representations or warranties after the date hereof and prior to the Closing, the City will promptly notify CSU of such inaccuracy; for purposes hereof, an inaccuracy will be deemed material if it has a material and adverse effect on ownership of the CSU Property, development of the Project, or any of CSU’s rights or obligations in any of the Attachments in accordance with the terms and conditions of this Agreement. The City will have the right (but not the obligation) to make commercially reasonable efforts to cure such inaccuracy prior to the Closing. If the City delivers written notice of its election not to cure the material inaccuracy, CSU’s sole and exclusive remedy in such event will be to elect, on or before the earlier of the Closing Date or five (5) Business Days after receiving such written notice from the City, to either (y) waive such material i...
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ADA Settlement Agreement. “ADA Settlement Agreement” means that certain settlement agreement affecting the Hotel dated June 29, 2009.
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ADA Settlement Agreement. Sellers shall use commercially reasonable efforts, at Sellers’ sole cost and expense, to complete, or cause to be completed, all modifications and accommodations to, or renovations and remodeling of, the Station Property currently known as Corner Store #3074 and located at 0000 Xxxx Xxxxx Boulevard, Bakersfield, California that are required to carry out, perform, satisfy and discharge in full CST CA’s obligations under the ADA Settlement Agreement, including the modifications and accommodations to, or renovations and remodeling of such Station Property described in Schedule 5.14. In the event that such work is not completed by the applicable CIC Conversion Date, Sellers shall complete, or cause to be completed, such work following such CIC Conversion Date pursuant to an access agreement in a form mutually agreeable to the Parties. Sellers shall complete, or cause to be completed, such work in accordance with Schedule 5.14 at Sellers’ sole cost and expense and shall deliver to Buyers evidence thereof promptly after such completion.
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Related to ADA Settlement Agreement

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Modification of Settlement Agreement 9.1 Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

  • NON-ACCEPTANCE OF SETTLEMENT AGREEMENT 33. If, for any reason whatsoever, this Settlement Agreement is not accepted by the Hearing Panel or an Order in the form attached as Schedule “A” is not made by the Hearing Panel, each of Staff and the Respondent will be entitled to any available proceedings, remedies and challenges, including proceeding to a disciplinary hearing pursuant to sections 20 and 24 of By- law No. 1, unaffected by this Settlement Agreement or the settlement negotiations.

  • Agreement Settlement Agreement Settlement will reconcile any discrepancies that may have occurred during the term of this Agreement between actual OHA disbursements of funds awarded for MHS 27 Services under a particular line of Exhibit D-1, “Financial Assistance Award”, containing an “A” in column one and amounts due for such services provided by County based on the rate set forth in the special condition identified in that line of the Financial Assistance Award. For purposes of this section, amounts due to County is determined by actual amount of services delivered under that line of the Financial Assistance Award during the period specified in that line of the Financial Assistance Award, as properly reported in accordance with section 3., “Special Reporting Requirements” above or as required in an applicable Specialized Service Requirement. The settlement process will not apply to funds awarded for an approved Reserved Service Capacity Payment.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing Respondent would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on Respondent’s own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, quality, and dimensions of these rights. Respondent understands that by signing this Settlement Agreement,

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • The Settlement The Settlement was reached on May 11, 2018. Class Counsel filed this action on May 10, 2018. Over two years prior to the filing of this action, Class Counsel and Defendant’s Counsel conducted an adversarial informal discovery process. Class Counsel reviewed and analyzed thousands of pages of documents provided by Defendant and also reviewed many other documents, including U.S. Department of Labor Forms 5500 and other publicly available documents. The Parties participated in mediation before a nationally recognized mediator who has extensive experience in resolving similar claims involving other 401(k) plans. Only after six months of extensive arm’s length negotiation following the mediation were the parties able to agree to the terms of the Settlement. As part of the Settlement, a Qualified Settlement Fund of $17,000,000 will be established to resolve the Class Action. The Net Settlement Amount is $17,000,000 minus any Administrative Expenses, taxes, tax expenses, Court-approved Attorneys’ Fees and Costs, Class Representatives’ Compensation, and other approved expenses of the litigation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. In addition to the monetary component of the Settlement, the Parties to the Settlement have agreed to certain additional terms: (1) During the first eighteen months (18) following the final approval of the Settlement, Defendant has agreed that the Plan’s fiduciaries will conduct a Request for Proposal (“RFP”) process for recordkeeping services to the Plan; (2) Within the first year following final approval of the Settlement, Defendant has agreed to publish a communication to then current Plan participants explaining the risks and benefits of the Plan’s money market fund investment option; (3) Defendant also will use an independent consultant familiar with fixed income investment options in defined contribution plans who will review the investment lineup and make recommendations to the Plan’s fiduciaries regarding whether to retain the money market fund and whether to add a stable value or comparable fund; (4) In addition, during the three- year Settlement period, Defendant has agreed to provide Class Counsel a list of the Plan’s investment options and fees; and (5) In considering investment options for the Plan, Defendant has agreed that the Plan’s fiduciaries will consider: (a) the lowest-cost share class available for any particular mutual fund considered for inclusion in the Plan as well as other criteria applicable to different share classes; (b) the availability of revenue sharing rebates on any share class available for any particular mutual fund considered for inclusion in the Plan; and (c) the availability of collective trusts, to the extent such investments are permissible and are otherwise identical to a particular mutual fund considered for inclusion in the Plan.

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