Issues Settled Sample Clauses

Issues Settled. The signatories agree and intend this Unanimous Stipulation and Agreement to settle only the issues of the ISRS revenue requirement to be approved by the Commission in the above captioned cases. This settlement is the product of extensive negotiations aimed at an amicable resolution of the present cases and none of the signatories to this Unanimous Stipulation and Agreement concede any issue of law or fact not expressly stated herein. In the event that the Commission orders additional evidence submitted in support of this stipulation, the signatories agree that Staff may submit into evidence a report demonstrating the calculation of the revenue requirements found herein but that no party to this stipulation shall be determined to have conceded the ISRS eligibility or lack thereof of any costs included or not included in that report or to be otherwise bound to the findings of that report.
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Issues Settled. This Stipulation is intended to settle all issues among the Parties for purposes of Case No. GR-2009-0355, except the issues specifically enumerated in paragraph 1 above (“Issues Not Settled”). The Stipulation is not “unanimous” because, as noted below, certain parties have not joined as signatories to the document or in the resolution of individual issues. However, those parties have further affirmatively stated their non-opposition and waived their right to a hearing.
Issues Settled. This Stipulation and Agreement is intended to settle among the Signatories for purposes of the above captioned cases all issues previously identified by some or all of the Signatories through testimony and or schedules in both Case No. WR-2010-0131 and Case No. SR-2010-0135. 1 The Signatories recommend 1 The Comprehensive Planning Study and Business Transformation Costs issues are addressed by the Stipulation and Agreement As to Certain Issues, filed with the Commission on May 14, 2010. If this Stipulation and Agreement is approved by the Commission, the Stipulation and Agreement As to Certain Issues filed on May 14, 2010, is superseded by this Stipulation and is of no effect. ATTACHMENT B that the Commission accept this Stipulation and Agreement as a fair compromise of their respective positions on all issues.
Issues Settled. The Signatories agree and intend for this Stipulation and Agreement to settle the issues pertaining to Spire’s PAYS® On-Bill Financing Program (“Spire PAYS® Program”)1. The Signatories therefore request that the Commission issue an order that authorizes Spire to establish a PAYS® Program pursuant to the terms set forth in this agreement.
Issues Settled. This Stipulation and Agreement is intended to satisfactorily resolve all issues identified by Staff, the Company and Public Counsel regarding the Company’s Application.
Issues Settled. This Stipulation is intended to settle all issues among the Parties for purposes of Case No. HR-2014-0066. The Parties request that the Commission approve this Stipulation as a resolution of all issues in Case No. HR-2014-0066.
Issues Settled. This Stipulation and Agreement is intended to settle among the Parties for purposes of the above captioned cases all issues previously identified through testimony in Case No. GR-2008-0060 and Case No. GR-2007-0178. The Signatories recommend that the Commission accept this Stipulation and Agreement as a fair compromise of their respective positions on these issues.
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Issues Settled. This Unanimous Stipulation and Agreement is intended to settle, among the Signatories for purposes of the above captioned case, the issues of whether Mid MO’s request for a Certificate of Convenience and Necessity authorizing it to own, operate, maintain, control and manage a sewer system in Callaway County, Missouri is necessary or convenient for the public service and if so, what Mid MO’s annual revenue requirement, and customer charges are for the purposes of its initial rates. The Signatories recommend that the Commission accept this Unanimous Stipulation and Agreement as a fair compromise of their respective positions on these issues.
Issues Settled. This Stipulation and Agreement is intended to settle among the Signatories the following issues previously identified by the Signatories through testimony and or schedules. The Signatories recommend that the Commission accept this Stipulation and Agreement as a fair compromise of their respective positions on the following enumerated issues: Pension/OPEB Methodology Amortization of Pension/OPEB Assets Insurance Other than Group Annual Incentive Program (AIP) Belleville Lab Fuel & Power/Chemicals Expense annualization for St. Louis/St. Xxxxxxx Districts * * This Stipulation and Agreement is intended to settle only that portion of this issue raised in the direct testimony on revenue requirement issues of MIEC witness Xxxxxxx Xxxxxx at page 3, line 6 through page 5, line 9.

Related to Issues Settled

  • DISPUTES SETTLEMENT (1) Should any dispute arise as to the operation of this agreement and the parties are unable to resolve that dispute by amicable negotiation the parties shall refer such dispute to the Industrial Relations Commission for -

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.

  • 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.

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Objections to Settlement 7.7.1 Only Participating Class Members may object to the class action components of the Settlement and/or this Agreement, including contesting the fairness of the Settlement, and/or amounts requested for the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment and/or Class Representative Service Payment.

  • The Settlement Fund 37. Releasors shall look solely to the Settlement Fund for settlement and satisfaction of all Released Claims against the DENSO Defendants and the Releasees, and shall have no other recovery against the DENSO Defendants or any other Releasee for any Released Claims.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • Loss Settlement Covered property losses are settled as follows:

  • Investor-state Dispute Settlement 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award. 7. Where a tribunal makes a final award against a respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs and attorney's fees in accordance with the applicable arbitration rules. 8. Any disputing investor shall serve notices and other documents on disputes under this Article: (a) for China, to the: Ministry of Commerce 0, Xxxx Xxxxx Xx Avenue 100731, Beijing, People's Republic of China;

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