Settlement Agreement Terms Sample Clauses

Settlement Agreement Terms. In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:

Settlement Agreement Terms. The scope of a settlement agreement is determined by the intent of the parties as expressed in the release. Rinke v. Automotive Moulding Co., 573 N.W.2d 345- 346 (Mich. App.1997). If the text of the release is unambiguous, the parties’ intentions will be ascer- tained from the plain meaning of the release’s lan- guage. Id. Therefore, the parties should try to stick to simple, plain English when drafting an agree- ment. As indicated by Xxxx. Ct. R. 2.507(G): “An agreement or consent by the parties or their at- torneys respecting the proceedings in an action, sub- sequently denied by either party, is not binding un- The Practical Litigator | 11 less it is made in open court, or unless evidence of the agreement is in writing subscribed by the party against whom the agreement is offered or by the party’s attorney.” Release Language, Scope, And Mutuality Two of the most significant components in any settlement agreement are the release of all parties and the release of all claims. From the employer’s perspective, it is imperative to name all affiliated or parent corporations, managers, employees, etc., even if not named specifically in the underly- ing claim(s). See, Xxxxxxxx x. Xxxxxx, 000 X.X.0x 000 (Mich. App. 2000) (upholding the release of other employees although employees were not parties to the release). Some things generally cannot be re- leased, including unemployment compensation and workers compensation claims, as well as the right to file a discrimination charge with the Equal Em- ployment Opportunity Commission or cooperating with the Equal Employment Opportunity Commis- sion. 29 C.F.R. §1625.22(i)(2); EEOC v. Citicorp Din- ers Club, 985 F.2d 1036 (10th Cir. 1993), and EEOC

Settlement Agreement Terms. The substantive provisions of the settlement agreement are summarized here. Management of the Oread Inn – Xxxxxx Xxxxxxx will resign as co-manager of Oread Inn, L.C. and during the term the City is obligated to make reimbursements to Oread Inn, L.C., Xx. Xxxxxxx will not serve as co-manager nor as the Developer’s Representative under the Redevelopment Agreement. Two persons will be appointed to serve as co- managers of Oread Inn, L.C. for the remaining term of the Agreement. Oread Inn L.C. and the City Manager will mutually agree on the two co-managers. If they cannot agree, the City and Oread Inn L.C. will enter into mediation to resolve the disagreement. Reforming the Redevelopment Agreement - The proposed settlement includes revisions to the Redevelopment Agreement to provide the City greater oversight over the Redevelopment District operations and books and records of businesses operating therein. A summary of the significant revisions to the Redevelopment Agreement is provided below. Settlement Payment by the Oread Inn - The defendants will pay the City $650,000 in settlement of the lawsuit. After the City is paid its settlement sum from the funds that the City has been withholding from the developer since the dispute arose, the City will disburse the remaining funds it has held in a manner agreed upon by the parties. Prohibition on Certain Incentive Requests - Under the proposed settlement, Xxxxxx Xxxxxxx agrees that neither he nor any Xxxxxxx affiliate as defined in the proposed settlement agreement will seek any incentives that involve sales tax reimbursements from the City for a period of five (5) years. Mandatory Sales Tax Training for Oread Inn Managers - Oread Inn, L.C. and Oread Inn hotel managers will be required to participate in training on sales tax sourcing laws, rules, and regulations. Dismissal of the Lawsuit - If the settlement is approved, and all conditions precedent are met, the City will dismiss its civil lawsuit against the defendants. Mediation Costs paid by Defendants The defendants will be responsible for paying the mediator’s costs.

Settlement Agreement Terms.  Parties to execute Crossing Agreement  Parties to attempt to determine compensation to be paid to MWDSLS by Q by non- binding mediation before Utah Property Ombudsman  If non-binding mediation fails, compensation determined by binding arbitration by Xxxxxxxxx. (Ombudsman services are free)  Crossing Agreement to be recorded  After Crossing Agreement is signed and recorded lawsuit to be dismissed with prejudice Crossing Agreement Terms Art. I Definitions  “As Builts”  “Betterment”  “Construct” and “Construction”  “Corridor Property”  “Direct Costs”  “Indirect Costs”  “Losses”  “Maintain” and “Maintenance”  “MWDSLS Facilities”  “Non-Corridor Property”  “Surface Inspection”  “Third Person”  “Utility” and “Utilities”

Settlement Agreement Terms