Common use of Further Proceedings Clause in Contracts

Further Proceedings. 21. If the Commission approves this Settlement Agreement, Staff will not commence or continue any proceeding against the Respondent under Ontario securities law based on the misconduct described in Part III of this Settlement Agreement, unless the Respondent fails to comply with any term in this Settlement Agreement, in which case Staff may bring proceedings under Ontario securities law against the Respondent that may be based on, among other things, the facts set out in Part III of this Settlement Agreement as well as the breach of this Settlement Agreement. 22. The Respondent acknowledges that, if the Commission approves this Settlement Agreement and the Respondent fails to comply with any term in it, the Commission is entitled to bring any proceedings necessary. 23. The Respondent waives any defences to a proceeding referenced in paragraph 21 that are based on the limitation period in the Act, provided that no such proceeding shall be commenced later than six years from the date of the occurrence of the last failure to comply with this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

Further Proceedings. 2122. If the Commission approves this Settlement Agreement, Staff will not commence or continue any proceeding against the Respondent under Ontario securities law based on the misconduct described in Part III of this Settlement Agreement, unless the Respondent fails to comply with any term in this Settlement Agreement, in which case Staff may bring proceedings under Ontario securities law against the Respondent that may be based on, among other things, the facts set out in Part III of this Settlement Agreement as well as the breach of this Settlement Agreement. 2223. The Respondent acknowledges that, if the Commission approves this Settlement Agreement and the Respondent fails to comply with any term in it, the Commission is entitled to bring any proceedings necessary. 2324. The Respondent waives any defences to a proceeding referenced in paragraph 21 that are based on the limitation period in the Act, provided that no such proceeding shall be commenced later than six years from the date of the occurrence of the last failure to comply with this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

Further Proceedings. 2164. If the Commission approves this the Settlement Agreement, Staff will not commence or continue any proceeding against the Respondent Respondents under Ontario securities law based on the misconduct described in Part III of this the Settlement Agreement, unless the Respondent fails Respondents fail to comply with any term in this the Settlement Agreement, in which case Staff may bring proceedings under Ontario securities law against the Respondent Respondents that may be based on, among other things, the facts set out in Part III of this the Settlement Agreement as well as the breach of this the Settlement Agreement. 2265. The Respondent acknowledges Respondents acknowledge that, if the Commission approves this the Settlement Agreement and the Respondent fails Respondents fail to comply with any term in it, Staff or the Commission is are entitled to bring any proceedings necessarynecessary to, among other things, recover the amounts set out in sub-paragraphs 62(d) and 62(e), above. 2366. The Respondent waives Respondents waive any defences to a proceeding referenced in paragraph 21 paragraphs 58 and 59 that are based on the limitation period in the Act, provided that no such proceeding shall be commenced later than six years from the date of the occurrence of the last failure to comply with this the Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement