Offer of Settlement. The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
Offer of Settlement. In any arbitration between you and WB Games, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.
Offer of Settlement. The parties have agreed through a Memorandum of Agreement that either party may make an Offer of Settlement to encourage settlement of a grievance in advance of a scheduled arbitration hearing, with the potential consequence that the party refusing to accept an Offer of Settlement may be required to bear all of the costs of arbitration, excluding attorney and witness fees, contrary to Section 6.4.c.
Offer of Settlement. It is a condition precedent to Our liability that You must inform Us in writing as soon as an offer to settle the subject matter of the Claim is received and/or You propose to make an offer of settlement. In deciding whether to accept or reject any settlement offer, You must consider the Legal Expenses incurred or likely to be incurred and recovered. No Services under this Agreement shall be provided if You enter into any agreement to settle without Our prior written consent (this consent not to be unreasonably withheld) and We shall be entitled to recover any Legal Expenses previously paid. If You reject an offer of settlement which We recommend that You accept, or You make an offer with which We do not agree, no further Services under this Agreement shall be provided for the subject matter Claim. We may at Our discretion decide to pay You the amount of damages that You are claiming or that are being claimed against You instead of paying You for Legal Expenses to pursue or defend the dispute or legal proceedings. Where We exercise this discretion, We will cease to be liable for any further Legal Expenses for the subject matter Claim.
Offer of Settlement. Within 15 days of the Effective Date, the PUD shall file the License Surrender Application with FERC. In addition, the PUD shall, on behalf of the Parties, file an Offer of Settlement with FERC pursuant to Rule 602 of FERC’s Rules of Practice and Procedure, 18 C.F.R. § 385.602. This filing shall consist of an executed copy of this Settlement Agreement, including the Appendices, Exhibits and Attachments, a Joint Explanatory Statement and the SUA Application. The Joint Explanatory Statement shall request that FERC: (a) approve the Offer of Settlement; and (b) accept surrender of the Project License pursuant to an order that incorporates – without modification – the Proposed License Surrender Conditions set forth in Appendix B of this Settlement Agreement. Within 15 days of the Effective Date, the PUD shall also file the SUA Application, set forth in Appendix C of this Settlement Agreement, with the USFS for the use and occupancy of NFS lands by certain Project facilities for a term of 30 years and request that the USFS issue a Special Use Authorization that incorporates – without modification – the Proposed SUA Conditions set forth in Appendix D of this Settlement Agreement.
Offer of Settlement. The Parties agree that within 30 days of the effective date of this Settlement Agreement, the Licensee shall file this Settlement Agreement as an Offer of Settlement with FERC pursuant to Rule 602 of the Rules of Practice and Procedure, 18 C.F.R. § 385.602 (2002).
Offer of Settlement. This Offer of Partial Settlement (the “Settlement”) is dated as of January 7, 2005, by and among Mirant Delta, LLC (“Mirant Delta”) and Mirant Potrero, LLC (“Mirant Potrero”) (collectively, “Mirant”),(1) the California Independent System Operator Corporation (“ISO”), the California Electricity Oversight Board (“EOB”) and Pacific Gas and Electric Company (“PG&E”). These parties arc referred to herein individually as a “Party” and collectively as the “Parties” or “Supporting Parties.” The Parties are authorized to represent that although the California Public Utilities Commission (“CPUC”) is not a signatory to the Settlement, the CPUC does not oppose the Settlement.
Offer of Settlement. It is a condition precedent to Underwriters’ liability that You must inform Us in writing as soon as an offer to settle the subject matter of the Claim is received and/or You propose to make an offer of settlement. In deciding whether to accept or reject any settlement offer, You must give consideration to the Legal Expenses incurred or likely to be incurred and recovered. No insurance coverage under this Policy shall be provided if You enter into any agreement to settle without Our prior written consent (this consent not to be unreasonably withheld) and Underwriters shall be entitled to recover any Legal Expenses previously paid. If You reject an offer of settlement which Underwriters recommend that You accept, or You make an offer with which Underwriters do not agree, no further insurance coverage under this Policy shall be provided for the subject matter Claim. Underwriters may at their discretion decide to pay You the amount of damages that You are claiming or that are being claimed against You instead of paying You for Legal Expenses to pursue or defend the dispute or legal proceedings. Where Underwriters exercise this discretion Underwriters will cease to be liable for any further Legal Expenses for the subject matter Claim.
Offer of Settlement. In any arbitration between you and us, we may make a written settlement offer at any time before the evidentiary hearing or a dispositive motion is ruled on. The settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award. If the award is issued in your favor and is less than our settlement offer you must pay our costs incurred after the offer was made, including any attorneys’ fees, except that if applicable law prohibits such shifting of costs then the offer in this provision shall serve to cease the accumulation of further costs to which you may otherwise have been entitled.
Offer of Settlement. A. INTRODUCTION Market Regulation Services Inc. (“RS”) has conducted an investigation (the “Investigation”) into the conduct of Xxxx Xxxxxxxxx (“Grossmith”). The Investigation has disclosed matters for which RS seeks certain sanctions against Grossmith pursuant to Rule 10.5 of the Universal Market Integrity Rules (“UMIR”). If this Offer of Settlement is accepted by Grossmith, the resulting settlement agreement (the “Settlement Agreement”), which has been negotiated in accordance with Part 3 of UMIR Policy 10.8, is conditional upon the approval by a hearing panel (the “Hearing Panel”) of the Hearing Committee appointed under Part 10 of UMIR Policy 10.8. Grossmith agrees to waive all rights under UMIR to a hearing or to an appeal or review if the Settlement Agreement is approved by the Hearing Panel. RS and Grossmith jointly recommend that the Hearing Panel accept this Settlement Agreement.
