Defendant Clause Samples

Defendant. I have read this plea agreement and carefully reviewed every part of it with my attorney. I understand it, and I voluntarily agree to it. Further, I have consulted with my attorney and fully understand my rights with respect to the provisions of the Sentencing Guidelines that may apply to my case. No other promises or inducements have been made to me, other than those contained in this plea

Defendant. Case No. 1:21cr00083 DAD BAM I, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail:

Defendant. “Defendant” means BMW NA, as well as its predecessors, successors, assigns, parents, affiliates, directors, officers, agents, attorneys, representatives, and employees.

Defendant. (1) will promptly notify Respondent of any Claim and permit Respondent, using agreed counsel, to answer and defend; (2) at Respondent’s reasonable request and expense, will assist in the defense and provide non-confidential information; and (3) at its expense, may participate in the defense with separate counsel. Respondent is not responsible for settlements it does not consent to and will not settle Claims under this Section 17 without Defendant’s consent (with both parties’ consent not unreasonably withheld). Neither party will stipulate, acknowledge, or admit fault or liability on the other’s part without the other’s prior, written consent. Respondent will not publicize any settlement without Defendant’s prior written consent.

Defendant. X DEFERRED PROSECUTION AGREEMENT Cr. No. 20-539 (ENV)

Defendant a) Has identified and adopted a standardized and appropriate assessment tool(s) to identify putative Class Members for possible eligibility for Intensive Home and Community-Based Services; b) Has identified and adopted a standardized and appropriate assessment tool or process to identify putative Class Members for possible eligibility for Waiver Services; c) Has adopted and is using consistent procedures statewide to assess, refer, and link putative Class Members who meet eligibility criteria to the Relevant Services, and measure and communicate outcomes for Class Members using the Relevant Services; d) Is providing the Relevant Services statewide to Class Members who meet the eligibility criteria and have not opted out of receiving the Relevant Services; e) Demonstrates statewide network adequacy for the Relevant Services for Class Members for whom they are medically necessary; f) Is providing standardized education and training on processes and tools for identification and referral of putative Class Members to the Relevant Services; and g) Has developed and is providing accessible information about the Relevant Services to putative Class Members, their families, and other stakeholders.

Defendant. “Defendant” refers to Costco Wholesale Corporation.

Defendant a) Has developed and is using a Quality Improvement and Accountability plan. b) Is operating a quality assurance system consistent with the Quality Improvement and Accountability plan. c) Measures and reports quarterly on a public data dashboard(s) statewide performance related to the provision of Relevant Services to Class Members, including the number of Class Members who are identified, screened, assessed, and receive or are denied the Relevant Services, and reflecting utilization of the Relevant Services by geographic location, managed care plan, and children’s race/ethnicity and age, child welfare involvement, and special education involvement.

Defendant a) Has implemented and substantially complied with the processes, timelines, and action steps laid out in the Amended Implementation Plan.