Settled Clause Samples

Settled. The fees and disbursements of the Sellers incurred in connection with the Notice of Disagreement shall be borne by the Sellers, and the fees and disbursements of Buyer in connection with the preparation of the Deferred Consideration Statement shall be borne by Buyer.

Settled. See also matters disclosed under "Material Opposition to Company Trademarks" in this schedule. SCHEDULE 4.08 (CONT'D) CURRENT INFRINGEMENT OF COMPANY'S INTELLECTUAL PROPERTY

Settled. Case is stayed pending timely monthly payments by Defendants pursuant to settlement agreement. ▇▇▇▇▇ ▇▇▇▇▇ v. American Apparel, Ben Geroaldo, ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇ filed with City of New York Commission of Human Rights No. M-E-SO-08-1020382-E; Federal Charge No. 16F-2008-00152C June 2008 Former employee filed complaint with the City of New York Commission of Human Rights alleging discrimination and retaliation Early stages. City of New York Commission of Human Rights is still investigating. Olympics Holdings v. American Apparel Complaint filed Aug. 14, 2007 Breach of contract action for alleged damage to formerly leased premises. American Apparel denies it caused any damage to the premises beyond wear and tear. American Discovery phase. Amendment No. 7 to Credit Agreement of AAUSA, dated as of June 20, 2008, amending the SOF Agreement, among American Apparel (USA), LLC, the Facility Guarantors, and SOF Matter Date Filed Brief Description of Case Current Status Apparel has a cross-complaint against Olympic for return of it security deposit which was kept by Olympic when American Apparel vacated the premises. ▇▇▇▇▇ ▇▇▇▇▇ v. American Apparel October 2007 Claims under the Fair and Accurate Transactions Act for allegedly printing more than 5 digits of Plaintiff’s credit card and its expiration date on Plaintiff’s receipt SETTLED. Case will be dismissed with prejudice in the near future. ▇▇▇▇▇ ▇▇▇▇▇ v. American Apparel March 2008 Claims for violations of private rights of publicity and New York Civil Rights law for alleged non-permissive use of Plaintiff’s images Case is in its early phase with discovery to begin in the near future Jeneleen ▇▇▇▇▇ ▇. American Apparel June 2008 Employment discrimination and assault Case is in its early phase. American Apparel has yet to be formally served ▇▇▇▇▇▇▇▇ v. American Apparel June 2008 Fair and Accurate Credit Transaction Act for allegedly printing expiration date on Plaintiff’s receipt Case is in its early phase. American Apparel has recently fled its answer to Plaintiff’s complaint ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ v. American Apparel May 2008. Charge of Discrimination No. E200708S1456-00-fpe/37AA810258 Dept. of Fair Employment & Housing Complaint of Discrimination. ▇▇▇▇▇▇▇ alleges that she was denied leave under the California Family Rights Act and terminated because she did not submit her leave request in a timely manner. Early stages, DFEH is still investigating. ▇▇▇▇▇▇ v. American Apparel Retail, Inc. Filed February 15, 2008 wi...

Settled. There is an agreement to settle this issue as follows. OPG filed an update to its Application on February 8, 2013. Included in the update was H1-1-2 Table 1, which provides the audited actual balances for the deferral and variance accounts as at December 31, 2012. These amounts were replicated in Column (a) of H1-1-2 Table 16 and Table 17 for regulated hydroelectric and nuclear, respectively. Overall, the total audited actual December 31, 2012 balances for all of OPG’s accounts are debit balances of $113.8M for regulated hydroelectric and $1,160.6M for nuclear. H1-1-2 Table 16 and 17 is attached to this Settlement Agreement as part of Attachment No. 1. Taking into account the Excluded Accounts, the total audited actual December 31, 2012 balances for recovery proposed in this Application are debit balances of $110.9M for regulated hydroelectric and $1,159.2M for nuclear as set out in column (b) of H1-1-2 Tables 16 and 17, respectively, in Attachment 1. Taking into account both the Excluded Accounts and the interest adjustments set out in Section 1, and other adjustments and advances set out elsewhere in this Settlement Agreement, the total audited actual December 31, 2012 balances for recovery in this Application by OPG are debit balances of $111.0M for regulated hydroelectric and $947.3M for nuclear as set out in column

Settled. Case is stayed pending timely monthly payments by Defendants pursuant to settlement agreement. American Apparel v. Teenage Millionaire January 12, 2006 Breach of Contract Suit for non payment of monies. Default Judgment to be entered in near future. ▇▇▇▇ ▇▇▇▇▇▇ v. American Apparel,, Inc. and American Apparel Retail, Inc. December 2006 Plaintiff alleges AA violated CA Civil Code Section 1747.08 for swiping a credit card customer’s driver’s license. AA will file its Answer denying all allegations on January 12, 2006. King’s Express, Inc. and Infinity Logistics, Inc. v American Apparel, Inc., et al, October 17, 2006 Breach of Contract case for alleged non-payment by American Apparel of approximately $5,000 Discovery stage Case is in the early discovery phase. Gold v. American Apparel 2006 Breach of contract for alleged non-payment by American Apparel of approximately $7,000 Case is in the early discovery stage. Vizi v. American Apparel 2007 Breach of contract for alleged non-payment by American Apparel of approximately $9,000 Settled. Awaiting Plaintiff to dismiss suit with prejudice pursuant to settlement agreement American Recovery Service v. American Apparel 2007 Breach of contract for alleged non-payment by American Apparel of approximately $9,000 Settled. Awaiting Plaintiff to dismiss suit with prejudice pursuant to settlement agreement CURRENT WORKERS COMPENSATION CLAIMS Claimant Claim No. ▇▇▇▇ ▇▇▇▇▇ 648-372324 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-373913 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 648-373620 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ 648-373998 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-399386 ▇▇▇▇▇ ▇▇▇▇▇▇ 648-374383 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-375655 ▇▇▇▇▇ Del C ▇▇▇▇▇▇ 648-375868 ▇▇▇▇▇▇ ▇▇▇▇▇ 648-399543 ▇▇▇▇▇ ▇▇▇▇▇▇ 648-377116 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 648-380220 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 648-379274 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-381129 ▇▇▇▇▇▇▇ ▇▇▇▇▇ 648-377963 ▇▇▇▇▇▇ ▇▇▇▇▇ 648-377837 ▇▇▇▇▇▇ ▇▇▇ 648-378568 ▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-3799107 ▇▇▇ ▇▇▇▇ 648-380218 ▇▇▇▇▇ ▇▇▇▇▇ 648-383247 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-380724 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 648-381331 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-381653 ▇▇▇▇ ▇▇▇▇▇▇▇▇ 648-381763 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-382389 ▇▇▇▇▇▇ ▇▇▇▇▇▇ - 648-383490 ▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-389558 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-384517 ▇▇▇▇▇▇▇ ▇▇▇▇ 648-384670 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-385269 ▇▇▇▇ ▇▇▇▇▇ 648-387188 ▇▇▇▇ ▇▇▇▇▇▇▇▇ 648-387529 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-388029 ▇▇▇▇ ▇▇▇▇▇▇ 648-389707 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 648-390913 ▇▇▇▇ ▇▇▇▇▇▇ 648-394417 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 648-394189 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-393313 ▇▇▇▇ ▇▇▇▇▇▇▇▇ 648-394273 ▇▇▇▇ ▇▇▇▇▇▇ 648-399127 ▇▇▇ ▇▇▇▇ 648-395672 ▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-394589 ▇▇▇▇ ▇▇▇▇▇▇ 648-396640 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 648-3967...

Settled. This agreement is made and entered into as of the grant date indicated below (the “Grant Date“), by and between SUPERVALU INC. (the “Company”), and the individual whose name appears below (“Recipient”). The Company has established the 2012 Stock Plan (the “Plan”), under which key employees of the Company and its Affiliates may be granted Awards of Restricted Stock Units. Recipient has been selected by the Company to receive an Award of Restricted Stock Units subject to the provisions of this agreement. Capitalized terms that are used in this agreement, that are not defined, shall have the meanings ascribed to them in the Plan. In consideration of the foregoing, the Company and Recipient hereby agree as follows:

Settled. “Settled” means (i) the payment by or on behalf of Cedent, GLIC or GLICNY of Reinsured Benefits, whether in the form of cash payment, deposit to a retained asset account or other settlement option; or (ii) in the event of a Contested claim for Reinsured Benefits, Reinsurer has not agreed (whether affirmatively or by default) with Cedent’s decision to Contest such claim in accordance with the terms of Section 3 of Article VI. For the avoidance of doubt, as required by Section 3 of Article VI, the failure of Reinsurer to agree with Cedent’s decision to Contest a claim as described in clause (ii) above requires Reinsurer to discharge its liability for such claim by paying to Cedent the full amount of the Reinsured Benefits that are the subject of such claim.

Settled. There is an agreement to settle this issue as follows. The implications of the transition to USGAAP on OPG’s regulatory accounting are set out by OPG in A3-1-2, which describes how OPG’s regulatory accounting would be affected in the areas of (a) long term disability (“LTD”) benefit plan costs, (b) Scientific Research and Experimental Development investment tax credits, and (c) ▇▇▇▇▇ ▇▇▇▇▇ revenues and costs. Of these, OPG states that only the change in the treatment of actuarial losses and gains and past service costs associated with OPG’s LTD plan and related income tax impacts would have a financial impact on OPG’s prescribed assets. Specifically, OPG recorded a debit of $63.1M ($2.8M35 for regulated hydroelectric and $60.3M36 for nuclear) for this financial impact in the Impact for USGAAP Deferral Account for 2012, including $0.9M of interest. For the purposes of reaching a settlement, the Intervenors accept OPG’s evidence that the accounting differences between CGAAP and USGAAP and resulting financial impacts and effects on regulatory accounting are as identified by OPG, and they are appropriate. The Parties further agree that the $63.1M balance in the Impact for USGAAP Deferral Account should be recovered as proposed by OPG. The Parties also agree no further amounts will be recorded in the Impact for USGAAP Deferral Account after December 31, 2012, with the exception of interest and amortization. Parties in Support: VECC, SEC, CCC, ▇▇▇▇▇▇ ▇▇▇▇▇, AMPCO, CME, PWU Parties Taking No Position: N/A The evidence in relation to this issue includes the following:

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