Reserved Claims. Except as otherwise set forth in this Settlement Agreement, nothing in this Settlement Agreement releases, compromises, reduces, waives, bars, discharges, or limits in any way, except with respect to the Bar Order, Claimants’ rights to assert claims against any person (other than the Released Parties or as determined in the Bar Order), all of which are expressly reserved by Claimants.
Reserved Claims. For the avoidance of doubt, nothing in this Agreement shall waive or release the rights of Plaintiffs to seek waiver, reconsideration, a hearing, or an appeal of adverse determinations in their own SSI cases. In addition, also for the avoidance of doubt, nothing in this Agreement shall affect, release, waive or compromise the claims of the members of the putative class as pleaded in the Amended Complaint, other than the Plaintiffs.
Reserved Claims. Nothing in this Agreement is intended to, nor shall it be 24 or regulation, and nothing in this Agreement is intended to, nor shall it be construed to, preclude any 25 state agency, department, board, or any federal entity, including the United States Environmental 26 Protection Agency or a federal natural resource trustee, from exercising its regulatory authority or 27 bringing a claim under any law, statute, or regulation against the City. The United States also does 28 not release and specifically reserves its right to assert claims for breach of this Agreement against
Reserved Claims. 4.1 If the Sound Transit operations, following final construction and after one year of operation, materially damage the property of the University, the University may submit a claim for damages. Such claim shall be subject to the valuation and dispute resolution process under Article V. With respect to any damages not compensated for in this Agreement, nothing in this Agreement shall prevent the University from asserting legal or equitable claims that the University would be entitled to assert against Sound Transit in the absence of this Agreement, provided, with respect to property damages, that the University shall afford Sound Transit a reasonable opportunity to repair the damage, and the University shall be entitled to seek judicial relief no earlier than one year after the date on which Link operations begin at the 45th Street Station. For any property claim which the University may intend to bring in the future, it will first provide Sound Transit with 90 days notice of any such claim. Sound Transit shall have the 90 day period in which to, should it chose to, cure any such property damage.
Reserved Claims. (a) 2005 Price Decision Claim Any claim by GDFI or ERI arising out of or in connection with XXXX decision 0051/2005/P, XXXX Decision 0002/2010/P-ZK, XXXX Decision No. 0003/2010/P-ZK or Regulatory Board decision 07/10337/10/RpR, incl. proceedings, or the decision of the Xxxxxxxxxx Xxxxxxxx Xxxxx xx xxxx 0X 000/00-00.
Reserved Claims. The Conservator's obligation to release Debtors' officers, directors, employees, attorneys and certain others shall under no circumstances be construed as a release of, and the Conservator expressly reserves all claims against or arising from or in connection with: (i) Zurich Insurance Group ("Zurich") or any affiliate of Zurich other than Debtors; (ii) any individual officer, director and employee of Zurich or any of its affiliates (other than an individual who is an officer, director or employee of one or more of the Debtors and not of Zurich or any of its other affiliates); (iii) any claim against the Conserved Companies officers and directors, regardless of whether they also are Debtors' officers and directors, for errors and omissions in the management of the Conserved Companies; (iv) any claim against actuarial, accounting or other professional firms who provided services to or for the benefit of the Conserved Companies, including without limitation, Xxxxxxxx & Xxxxxxxxx or (v) any claim against the recoveries sought in Debtors' action against Foundation Health Systems, Xxxxxxxx & Xxxxxxxxx and others (the "FHS Case") or any entitlement of the Conservator to intervene in the FHS Case on behalf of the Conserved Companies. Notwithstanding the foregoing, Debtors reserve all rights and defenses available to them and do not acknowledge any right of the Conservator or the Conserved Companies regarding any alleged claim the Conservator or the Conserved Companies may have to intervene in or share in any recovery from the FHS Case.
Reserved Claims. Notwithstanding the provisions of Section 2.1 or any other provision of this Agreement:
Reserved Claims. Notwithstanding anything herein to the contrary, Seller shall retain all rights in, to and under those certain currently pending lawsuits with respect to the Property and described on Exhibit “M” attached hereto and made a part hereof, or the subject matter thereof (the “Reserved Claims”), and Buyer shall have no, and hereby releases any, rights of any kind with respect to the Reserved Claims or any amounts recovered in connection therewith, it being understood that Seller shall have the sole right to prosecute such Reserved Claims and recover any amounts awarded thereon, whether as a result of settlement, final or stipulated judgment, arbitration award or any appeal. To the extent necessary or reasonably required, Buyer agrees to cooperate with Seller subsequent to Closing (at no cost and expense to Buyer), in connection with such Reserved Claims in order to preserve Seller’s rights and recourse with respect to the Reserved Claims. Seller agrees to indemnify and hold Buyer, its successors and assigns, harmless from and against any and all loss, damage, claim or expense arising from or growing out of the Reserved Claims, including attorneys' fees and costs at trial and all appellate levels. The provisions of this paragraph shall survive Closing. At Closing, Seller and Buyer will enter into an indemnity and cooperation agreement regarding the Reserved Claims to better identify the rights and obligations with respect thereto. The undersigned parties hereby acknowledge receipt of a copy hereof and acknowledge further that they have not received nor relied upon any statements or representations made by any other party. The foregoing recitals are true and correct and incorporated herein by reference as if set forth at length. MIA 182,706,175
Reserved Claims. Notwithstanding any other provisions of this --------------- Agreement, Seller hereby reserves and retains, exclusively for itself, the Reserved Claims, and all rights, title and interests therein and benefits thereof, at law and/or in equity, and nothing herein shall be deemed to limit or impair in any respect Seller's rights and entitlement to independently enforce any of the Reserved Claims by such means as Seller deems necessary or appropriate, which may include the commencement of legal proceedings, subject to the limitations contained in Section 3.3(d). -------------- Purchaser is not entitled to, and Purchaser agrees that it shall not, waive, discharge or modify any of the rights, title, interests, benefits and other provisions of the Reserved Claims, or attempt to do any of the foregoing.
Reserved Claims. The Parties do not release, and hereby expressly reserve, the following claims that each may have against the other (the “Reserved Claims”):
