State of California’s Release Sample Clauses

State of California’s Release. After the Court’s judgment is final, and Defendant has paid the Gross Settlement (and separately paid the employer-side payroll taxes), the State of California (including the LWDA) will be legally barred from asserting PAGA claims against Defendant. Consistent with this release, no one (including any Aggrieved Employee) may assert PAGA claims as agent and proxy of the State of California against Defendant. The State of California will be bound by the following release: Plaintiffs, as agents and proxies of the State of California, and the State of California itself (including the LWDA) are deemed to release the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint, and the PAGA Notice, and ascertained in the course of the Action including, violation of Labor Code section 2698, et seq. (PAGA).
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State of California’s Release. After the Court’s judgment is final, and Defendants have fully funded the Gross Settlement and separately paid all employer-side payroll taxes, the State of California (including the LWDA) will be legally barred from asserting PAGA claims against Defendants. Consistent with this release, no one (including any Aggrieved Employee) may assert PAGA claims as agent and proxy of the State of California against Defendants. This means that all Aggrieved Employees, including both Participating Class Members and Non-Participating Class Members, cannot sue, continue to sue, or participate in any other PAGA claim against Defendants or their related entities on behalf of the State of California, based on the PAGA Period facts alleged in the Action and resolved by this Settlement. The State of California will be bound by the following release: Plaintiff as agent and proxy of the State of California, and the State of California itself (including the LWDA, and any individual seeking to serve as agent and proxy of the State of California), shall release and discharge and be barred from asserting any and all claims for PAGA penalties arising during the PAGA Period that were specifically alleged, could have been alleged, or are in substance the same as those specifically alleged based on the PAGA Period facts stated in the operative complaint and the PAGA Notice and ascertained in the course of the Action, including violation of Labor Code section 2698, et seq. (Private Attorneys General Act of 2004) against the Released Parties.

Related to State of California’s Release

  • Utah This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. CANCELLATION section is amended as follows: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for non-payment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non-payment of premium and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. Any matter in dispute between You and the company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the company. Any decision reached by arbitration shall be binding upon both You and the company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.

  • Laws of the State of New York The Contractor shall comply with all of the requirements set forth in Exhibit C hereto.

  • Nevada CANCELLATION section is amended as follows: No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation. We may not cancel this Agreement without providing You with written notice at least fifteen (15) days prior to the effective date of cancellation. Such notice shall include the effective date of cancellation and the reason for cancellation. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned service Agreement. ARBITRATION section of this Agreement is removed. In emergency situations that defects immediately endanger the health and safety of You, repairs will commence within 24 hours after the report of the claim and will be completed as soon as reasonably practicable thereafter; and if We determine that repairs cannot practicably be completed within three (3) calendar days after the report of the claim, We will provide a status report to You no later than three (3) calendar days after the report of the claim that will include: 1) A list of the required repairs or services, 2) the primary reason causing the required repairs or services to extend beyond the three

  • Oregon Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed.

  • STATE OF RHODE ISLAND COUNTY OF In _, in said County and State, on this day of , 2016, before me personally appeared , the of Xxxxxxx Realty, LLC, a Rhode Island corporation, to me known and known by me to be the party executing the foregoing instrument on behalf of Xxxxxxx Realty, LLC, and he/she acknowledged said instrument by him/her executed, to be his/her/ free act and deed in said capacity and the free act and deed of Xxxxxxx Realty, LLC. Notary Public My Commission Expires: For the State of Rhode Island Department of Environmental Management Xxxxx X. Xxxxx, Chief Office of Compliance and Inspection

  • State of California Public Liability and Workers’ Compensation Program A. The Judicial Council has elected to be self-insured for its motor vehicle, aircraft liability and general liability exposures.

  • Requirements of the State of Kansas 1. The contractor shall observe the provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44-1001, et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, and age except where age is a bona fide occupational qualification, national origin or ancestry;

  • Massachusetts CANCELLATION section is amended as follows: The provider shall mail a written notice to the service Agreement holder, including the effective date of the cancellation and the reason for the cancellation at the last known address of the service Agreement holder contained in the records of the provider at least five (5) days prior to cancellation by the provider unless the reason for cancellation is nonpayment of the provider fee, material misrepresentation or a substantial breach of duties by the service Agreement holder relating to the Covered Product or its use. A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty

  • Minnesota CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. Mississippi: ARBITRATION section of this Agreement is removed.

  • Georgia Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (E) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “AS- IS” including but not limited to floor models, demonstration models, etc. CANCELLATION section is amended as follows: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You. ARBITRATION section of this Agreement is removed.

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