Settling States Clause Samples
The "Settling States" clause defines the specific jurisdictions or regions where disputes or claims arising under the agreement may be resolved. In practice, this clause typically designates which state laws will govern the settlement process and may specify the courts or arbitration venues that have authority over such matters. By clearly identifying the applicable states, the clause helps prevent confusion or conflict over legal jurisdiction, ensuring that all parties understand where and how disputes will be settled.
Settling States. If, after the Reference Date, any Settling Distributor enters into any settlement agreement with any Non-Settling State that resolves Claims similar in scope to the Claims released by a Settling State under this Agreement on overall payment terms that are more favorable to such Non-Settling State than the overall payment terms of the Agreement (after due consideration of relevant differences in population or other appropriate factors), then the Settling States, individually or collectively, may elect to seek review, pursuant to Section XIV.E.3, of the overall payment terms of this Agreement and the Non-Settling State agreement so that such Settling State(s) may obtain, with respect to that Settling Distributor, overall payment terms at least as favorable as those obtained by such Non-Settling State. “Overall payment terms” refers to consideration of all payment terms of the two agreements, taken together, including, but not limited to the amount of payments, the timing of payments, and conditions or contingencies on payments.