Amended And Restated Settlement Agreement Sample Contracts

Csa Holdings Inc. – Amended and Restated Settlement Agreement (August 11th, 2016)

This Amended and Restated Settlement Agreement (this "Agreement") is entered into as of August 5, 2016 (the "Effective Date"), by and among CSA Holdings Inc., a Nevada corporation, ("CSA Holdings") CSA, LLC, a Colorado limited liability company and wholly owned subsidiary of CSA Holdings ("CSA"), and Daniel Williams, individually, ("Williams"), (referred to herein collectively as "Parties"), on the terms and conditions set forth herein.

Aimmune Therapeutics, Inc. – Amended and Restated Settlement Agreement and Mutual Release of Claims (July 27th, 2015)

This Amended and Restated Settlement Agreement And Mutual Release Of Claims (the Agreement) is effective as of May 5, 2015 (the Effective Date), by and between Aimmune Therapeutics, Inc. (formerly known as Allergen Research Corporation), a Delaware corporation (the Company), and Bryan L. Walser (you). This Agreement amends and restates in its entirety that certain Settlement Agreement and Mutual Release of Claims between you and the Company, dated as of April 4, 2014 (the Prior Agreement).

Songs Oii Amended and Restated Settlement Agreement Between Southern California Edison Company, San Diego Gas & Electric Company, the Office of Ratepayer Advocates, the Utility Reform Network, Friends of the Earth, and the Coalition of California Utility Employees (October 28th, 2014)

SCE is an investor owned public utility in the State of California and is subject to the jurisdiction of the Commission with respect to providing electric service to its customers.

- 1 - Pursuant to Ordering Paragraph 4 of the September 5, 2014 "Assigned Commissioner and Administrative Law Judges' Ruling Requesting Settling Parties to Adopt Modifications to Proposed Settlement Agreement" ("Ruling"), Southern California Edison Company ("SCE"), San Diego Gas & Electric Company ("SDG&E"), the Office of Ratepayer Advocates ("ORA"),1 the Utility Reform Network ("TURN"), Friends of the Earth ("FOE"), and the Coalition of California Utility Employees ("CUE") (Collectively, the "Settling Parties") Jointly Submit the Amendment to the SONGS OII Settlement Agreement ("Amendment"), (September 24th, 2014)
San Diego Gas & Electric Co – Songs Oii Amended and Restated Settlement Agreement Between Southern California Edison Company, San Diego Gas & Electric Company, the Office of Ratepayer Advocates, the Utility Reform Network, Friends of the Earth, and the Coalition of California Utility Employees (September 24th, 2014)

This amended and restated settlement agreement (Agreement) is entered into as a compromise of disputed claims in order to minimize the time, expense, and uncertainty of further regulatory proceedings. ORA, TURN, FOE, and CUE agree to the following terms and conditions as a complete and final resolution of all claims against SCE and SDG&E in the OII, and SCE and SDG&E agree to these terms and conditions as a complete and final resolution of the OII. This Agreement constitutes the sole agreement between the Settling Parties concerning the subject matter of this Agreement.

Marina District Finance Company, Inc. – Amended and Restated Settlement Agreement (August 13th, 2014)

THIS AMENDED AND RESTATED SETTLEMENT AGREEMENT ("Agreement") is entered into as of the 30th day of June, 2014, effective as of June 5, 2014, by and between MARINA DISTRICT DEVELOPMENT CO., LLC, a New Jersey Limited Liability Company with offices located at 1 Borgata Way, Atlantic City, New Jersey (hereinafter "Borgata") and the CITY OF ATLANTIC CITY (hereinafter "City"), a municipal corporation of the State of New Jersey in the County of Atlantic, with offices located at 1301 Bacharach Boulevard, Atlantic City, New Jersey (individually, a "Party" and collectively with Borgata, the "Parties").

Amended and Restated Settlement Agreement (August 8th, 2014)

THIS AMENDED AND RESTATED SETTLEMENT AGREEMENT ("Agreement") is entered into as of the 30th day of June, 2014, effective as of June 5, 2014, by and between MARINA DISTRICT DEVELOPMENT CO., LLC, a New Jersey Limited Liability Company with offices located at 1 Borgata Way, Atlantic City, New Jersey (hereinafter "Borgata") and the CITY OF ATLANTIC CITY (hereinafter "City"), a municipal corporation of the State of New Jersey in the County of Atlantic, with offices located at 1301 Bacharach Boulevard, Atlantic City, New Jersey (individually, a "Party" and collectively with Borgata, the "Parties").

Corium International, Inc. – Amended and Restated Settlement Agreement (March 24th, 2014)

This Amended and Restated Settlement Agreement (the Agreement) is entered into and made effective as of November 6, 2012 (the Effective Date) by and between Actavis South Atlantic LLC, a Delaware limited liability company having offices at 60 Columbia Road, Morristown, New Jersey 07960 (Actavis), and Corium International, Inc., a Delaware corporation having offices located at 235 Constitution Drive, Menlo Park, CA 94025 (Corium). Actavis and Corium are each hereafter sometimes referred to as a Party and together are referred to as the Parties under this Agreement.

Corium International, Inc. – Amended and Restated Settlement Agreement (March 3rd, 2014)

This Amended and Restated Settlement Agreement (the Agreement) is entered into and made effective as of November 6, 2012 (the Effective Date) by and between Actavis South Atlantic LLC, a Delaware limited liability company having offices at 60 Columbia Road, Morristown, New Jersey 07960 (Actavis), and Corium International, Inc., a Delaware corporation having offices located at 235 Constitution Drive, Menlo Park, CA 94025 (Corium). Actavis and Corium are each hereafter sometimes referred to as a Party and together are referred to as the Parties under this Agreement.

Santo Mining Corp. – Amended and Restated Settlement Agreement and Stipulation (November 13th, 2013)

THIS AMENDED AND RESTATED SETTLEMENT AGREEMENT and Stipulation dated as of _________, 2013 by and between Santo Mining Corp. ("Santo" or the "Company"), a corporation formed under the laws of the State of Nevada, and IBC Funds, LLC ("IBC"), a Nevada Limited Liability Company. This Amended and Restated Settlement Agreement and Stipulation restates and replaces that Settlement Agreement and Stipulation executed and entered into between IBC and Santo on September 27, 2013 and IBC and Santo agree that said Settlement Agreement and Stipulation executed September 27, 2013 shall be null and void and of no force or effect.

Amended and Restated Settlement Agreement Eastman Business Park (November 12th, 2013)

THIS SETTLEMENT AGREEMENT, originally dated as of June 17, 2013 and amended and restated as of August 6, 2013 (as amended and restated, this Settlement Agreement), is entered into by and between Eastman Kodak Company (Kodak) and its affiliated debtors and debtors-in-possession (collectively, the Debtors) in case No. 12-10202 (ALG) (the Bankruptcy Case) currently pending in the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), the New York State Department of Environmental Conservation (DEC), and the New York State Urban Development Corporation d/b/a Empire State Development, a public benefit corporation of the State of New York (ESD) (collectively, the Parties).

Omeros Corp. – Amended and Restated Settlement Agreement and Release (November 1st, 2012)

This Amended and Restated Settlement Agreement and Release (Settlement Agreement) is entered into by and between Richard J. Klein (Mr. Klein), Omeros Corporation (Omeros), and Gregory A. Demopulos, M.D., (Dr. Demopulos) (collectively the Parties) as of October 26, 2012 (Effective Date).

China Electronics Holdings, Inc. – Amended and Restated Settlement Agreement (August 8th, 2012)

THIS AMENDED AND RESTATED SETTLEMENT AGREEMENT (the "Agreement"), dated as of July 18, 2012, is entered into by and among China Electronics Holdings, Inc., a Nevada corporation (the "Company"), American Capital Partners, LLC ("ACP") and individual investors as listed in Schedule A in connection with the subscription agreement of the Company's July 2010 and August 2010 private placements (collectively, the "Offering"),, and is intended to amend, restate and replace, in its entirety, the original settlement agreement by and between the Company and ACP dated December 6, 2011 and is effective as of the date hereof Defined terms not otherwise defined herein shall have the meanings set forth in the Offering

Amended and Restated Settlement Agreement (May 31st, 2012)

This amended and restated settlement agreement (this Settlement Agreement), dated as of May 30, 2012, is entered into by and among (i) Dynegy Inc. (Dynegy), (ii) Dynegy Gas Investments, LLC (DGIN), (iii) Dynegy Coal Holdco, LLC (Dynegy Coal Holdco), (iv) Dynegy Holdings, LLC (DH), (v) Dynegy Danskammer, L.L.C. (Dynegy Danskammer), (vi) Dynegy Roseton, L.L.C. (Dynegy Roseton), (vii) Dynegy Northeast Generation, Inc. (DNE), (viii) Hudson Power, L.L.C. (Hudson; each of DH, Dynegy Danskammer, Dynegy Roseton, DNE and Hudson are debtors and debtors in possession in the jointly administered chapter 11 cases styled as In re Dynegy Holdings, LLC et al., Case No. 11-38111 (CGM), and are collectively referred to herein as the Debtors), (ix) the undersigned, beneficial owners (or advisors, nominees or investment managers for the beneficial owner(s)) of a portion of the outstanding Senior Notes issued by DH, solely in their capacities as holders of such Senior Notes and not in any other capacity (t

Geospatial Holdings – Geospatial Secures Bridge Loan and Enters Into Amended and Restated Settlement Agreement With Investor Group (December 19th, 2011)

PITTSBURGH, PA December 16, 2011 -- Geospatial Holdings, Inc. (OTC Bulletin Board "GSPH") (Geospatial) has received the proceeds of a $300,000 bridge loan. Under the terms of the associated promissory note and security agreement, Geospatial is obligated to repay the loan principal, together with interest accrued thereon at the rate of 10% per annum, at the earlier of June 2, 2012 or 10 days following its closing on an equity raise of at least $3.5 million. The loan is secured by Geospatial equipment with a net book value of approximately $350,000. As further consideration for the loan, Geospatial issued the lender a warrant, which expires in December 2016, to purchase 3.0 million shares of its common stock at $0.10 per share.

Zap – Amended and Restated Settlement Agreement and Release (June 23rd, 2011)

This Amended and Restated Settlement Agreement and Release (the "Settlement Agreement") is entered into this 20th day of June, 2011, by ZAP, a California corporation ("ZAP"), Steven Schneider ("Schneider"), and Peter Scholl, an individual ("Scholl"). ZAP, Schneider and Scholl are sometimes referred to collectively herein as the "Parties" and each a "Party."

Berkshire Hills Bancorp, Inc. – Amended and Restated Settlement Agreement (April 8th, 2011)

This Amended and Restated Settlement Agreement (the "Settlement Agreement") is entered into as of April 6, 2011 and is effective as of the Closing Date (as defined below) by and between Berkshire Hills Bancorp, Inc., a Delaware corporation ("BHLB"), Legacy Bancorp, Inc. ("Legacy"), a Delaware corporation, Legacy Banks (the "Bank"), a wholly-owned subsidiary of Legacy , and J. Williar Dunlaevy (the "Executive").

BCB Bancorp, Inc. (NJ) – Amended and Restated Settlement Agreement (September 1st, 2010)

This Amended and Restated Settlement Agreement (this "Agreement") is entered into as of August 30, 2010, and is made by and between BCB Bancorp, Inc., ("BCB") a New Jersey corporation and bank holding company, BCB Community Bank (the "Bank"), a New Jersey chartered bank and wholly owned subsidiary of BCB, and JAMES COLLINS (the "Executive").

Medicis Pharmaceutical – Amended and Restated Settlement Agreement (March 1st, 2010)

THIS AMENDED AND RESTATED SETTLEMENT AGREEMENT (this Agreement) dated as of November 13, 2009 (the Effective Date) is entered into between Medicis Pharmaceutical Corporation, a Delaware corporation with offices located at 7720 North Dobson Road, Scottsdale, Arizona 85256 on behalf of itself and its Affiliates (collectively, Medicis), and Barr Laboratories, Inc. (a wholly owned subsidiary of Teva Pharmaceuticals USA, Inc. (Teva USA)), a Delaware corporation with offices located at 225 Summit Avenue, Montvale, NJ 07645 on behalf of itself and its Affiliates (collectively, Teva).

Calypso Wireless Inc – See the Pdf Attachment for Better Viewing Amended and Restated Settlement Agreement (June 29th, 2009)

Authority. Each party represents and warrants to the other that it has the full right, power and authority to enter into this Agreement and to perform all ofits obligations hereunder, and that its below-signed representative has authority to execute this Agreement on its behalf. NoWaiverorReleaseofAmendedSettlementAgreement. Byenteringintothis Assignment, the parties do not waive or release any provision of the Amended Settlement Agreement. Applicable Law. It is agreed by the parties that this Agreement shall be construed accordingto the laws oftheUnitedStatesand oftheState ofTexas, U.S.A., andthatanyactionsto enforce the terms hereof, or for breach hereof, shall be brought in either the federal or state courts of the State ofTexas, without regard to principles ofconflicts oflaws.. Entire Agreement. This Agreement, the Amended Settlement Agreement, and the other documents described in the Amended Settlement Agreement set forth the entire agreement and understanding between the parties

Identive Group – Amended and Restated Settlement Agreement (May 4th, 2009)

This AMENDED AND RESTATED SETTLEMENT AGREEMENT (this Agreement), dated as of this 8th day of April, 2009, is made by and among HIRSCH ELECTRONICS CORPORATION, a California corporation (Hirsch), SECURE KEYBOARDS, LTD., a California limited partnership (Keyboards), and SECURE NETWORKS, LTD., a California limited partnership (Networks and, together with Hirsch and Keyboards, collectively, the Parties).

AMENDED AND RESTATED SETTLEMENT AGREEMENT February 28, 2008 by and Among Solutia Inc., Monsanto Company, and SFC LLC (March 5th, 2008)

This SETTLEMENT AGREEMENT (this Agreement) is made as of February 28, 2008 by and among Solutia Inc., a Delaware corporation (Solutia) Monsanto Company (Monsanto) and SFC LLC, a Delaware limited liability company directly and wholly owned by Solutia (Funding Co).

Endwave Corporation – Amended and Restated Settlement Agreement by and Between Arthur Steinberg, as Court-Appointed Receiver for the Wood River Entities, and Endwave Corporation (December 21st, 2007)

This Amended and Restated Settlement Agreement (this Agreement) is dated as of December 20, 2007, and is by and between (a) Arthur Steinberg, as court-appointed receiver (the Receiver) for Wood River Partners, L.P. (Wood River Domestic), Wood River Partners Offshore, Ltd. (Wood River Offshore and, together with Wood River Domestic, the Wood River Funds), Wood River Capital Management, L.L.C. (Wood River Capital), and Wood River Associates, L.L.C. (collectively, including the Wood River Funds and Wood River Capital, the Wood River Entities) and (b) Endwave Corporation (Endwave). This Agreement, subject to Sections 1(b) and 2(a), amends, restates and supersedes in its entirety that certain Settlement Agreement, dated as of May 17, 2007, by and between the Receiver and Endwave (the Original Agreement).

Confidential Portions of This Document Have Been Omitted and Filed Separately With the Commission Pursuant to a Request for Confidential Treatment. AMENDED AND RESTATED SETTLEMENT AGREEMENT (March 16th, 2007)

This Amended and Restated Settlement Agreement (AGREEMENT), dated as of December 16, 1998, amends and restates that certain Settlement Agreement (the ORIGINAL SETTLEMENT AGREEMENT) dated October 31, 1997 by and among: (1) ASM International N.V., (ASMI) a corporation organized and existing under the laws of The Netherlands, ASM America, Inc., (ASMA) a corporation organized and existing under the laws of the State of Delaware, Epsilon Technology, Inc., dba ASM Epitaxy (EPSILON), a corporation subsequently merged into ASMA, and (2) Applied Materials, Inc. (AMAT), a corporation organized and existing under the laws of the State of Delaware.

Icoa – Contract (June 30th, 2006)

AMENDED AND RESTATED SETTLEMENT AGREEMENT This Amended and Restated Settlement Agreement (the "Agreement") is being made this 30th day of June, 2006 (the "Effective Date") by and between ICOA, Inc., a Nevada corporation ("Company"), with an address at 111 Airport Road, Warwick, RI 02889 and Stephen N. Cummings ("Employee"), with an address at 12 Triphammer Road, Sharon, Massachusetts. STATEMENTS OF FACT: A. On or about October 25, 2005 Company and Employee entered into that certain Employment Agreement (the "Employment Agreement") and ICOA Employee Agreement setting forth the terms and conditions of Employee's employment with the Company and further setting forth such parties' rights and obligations in the event of a termination of such employment. B. On or about June 26, 2006, Employee resigned from his employment with the Company, and the Company accepted such resignation. C. At the time of resignation, the Company and Employee agreed on certain aspects of a settlement

Contract (May 14th, 2003)

Exhibit 10.1 Amended and Restated Settlement Agreement ----------------------------------------- This Amended and Restated Settlement Agreement ("Agreement") made this 7th day of May, 2003, between Net2Phone, Inc. a Delaware corporation having offices at 520 Broad Street, Newark, New Jersey ("N2P"), and Deutsche Bank AG London, having offices at Winchester House, 1 Great Winchester Street, London, England EC2N 2DB ("Assignee"), Witnesseth That --------------- WHEREAS, N2P previously entered into Settlement Agreements in May and July, 2001 with certain former shareholders of Aplio, S.A. arising out of the acquisition by N2P of direct and indirect ownership of all of the capital stock of Aplio, S.A. ("Original Settlement Agreements"); and WHEREAS, Assignee has received assignments from such former shareholders of all of their rights under the Origin