Settlement Agreement Sample Contracts

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Settlement Agreement (November 8th, 2017)
Settlement Agreement (November 2nd, 2017)

This Settlement Agreement ("Agreement") is entered into among the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General ("OIG-HHS") of the Department of Health and Human Services (HHS) (collectively, the "United States"), VITAS Hospice Services, L.L.C., VITAS Healthcare Corporation, VITAS Healthcare Corporation of California, VITAS Healthcare Corporation of Illinois, VITAS Healthcare Corporation of Florida, VITAS Healthcare Corporation of Ohio, VITAS Healthcare Corporation of Atlantic, VITAS Healthcare of Texas, L.P., VITAS Healthcare Corporation Midwest, VITAS Healthcare Corporation of Georgia (collectively, "VITAS"), and Chemed Corporation (collectively, "Defendants"), and Laura Spottiswood, Barbara Urick, and Charles Gonzales (collectively the "Relators") (hereafter collectively referred to as the "Parties"), through their authorized representatives.

Clifton Bancorp Inc. – Settlement Agreement (November 2nd, 2017)

This Settlement Agreement (the Agreement) is entered into as of November 1, 2017 by and among Paul M. Aguggia (the Executive), Kearny Financial Corp., a savings and loan holding company (Buyer), Kearny Bank, a wholly-owned subsidiary of Buyer (Buyer Bank), Clifton Bancorp Inc., a savings and loan holding company (Seller), and Clifton Savings Bank, a wholly-owned subsidiary of Seller (Seller Bank).

Clifton Bancorp Inc. – Settlement Agreement (November 2nd, 2017)

This Settlement Agreement (the Agreement) is entered into as of November 1, 2017 by and among Paul M. Aguggia (the Executive), Kearny Financial Corp., a savings and loan holding company (Buyer), Kearny Bank, a wholly-owned subsidiary of Buyer (Buyer Bank), Clifton Bancorp Inc., a savings and loan holding company (Seller), and Clifton Savings Bank, a wholly-owned subsidiary of Seller (Seller Bank).

Omeros Corp. – Settlement Agreement (October 5th, 2017)

Par Sterile Products, LLC, a Delaware limited liability company, and Par Pharmaceutical, Inc., a Delaware corporation (collectively, Par). Omeros and Par are each sometimes referred to herein individually as a Party and are referred to collectively as the Parties.

Potbelly Corp – Settlement Agreement (October 5th, 2017)

This Settlement Agreement (this Agreement) is made by and between Potbelly Corporation (the Company), on the one hand, and Ancora Advisors, LLC (Ancora), Ancora Catalyst Fund LP, Merlin Partners LP and Frederick DiSanto (collectively, the Ancora Parties and individually a Member of the Ancora Parties) on the other hand, on behalf of themselves and their respective Affiliates (as defined below) (the Company and the Ancora Parties together, collectively, the Parties).

Wright Medical Group N.V. – SECOND SETTLEMENT AGREEMENT Between Wright Medical Technology, Inc. And the Counsel Listed on the Signature Pages Hereto Dated as of October 3, 2017 (October 4th, 2017)

This second settlement agreement (Second Settlement Agreement or Settlement Agreement within this document) is made and entered into this 3rd day of October, 2017 (the Effective Date), between (i) Wright Medical Technology, Inc. (Wright Medical) and (ii) Plaintiffs Co-Lead Counsel appointed by the Hon. William S. Duffey in MDL No. 2329 (the MDL) and Plaintiffs Co-Lead Counsel appointed by the Hon. Jane Johnson in JCCP No. 4710 (the JCCP) (referred to collectively as Plaintiffs Counsel) (Plaintiffs Counsel and Wright Medical each a Party and collectively referred to as the Parties).

Wright Medical Group N.V. – THIRD SETTLEMENT AGREEMENT Between Wright Medical Technology, Inc. And the Counsel Listed on the Signature Pages Hereto Dated as of October 3, 2017 (October 4th, 2017)

This third settlement agreement (Third Settlement Agreement or Settlement Agreement within this document) is made and entered into this 3rd day of October, 2017 (the Effective Date), between (i) Wright Medical Technology, Inc. (Wright Medical) and (ii) Plaintiffs Co-Lead Counsel appointed by the Hon. William S. Duffey in MDL No. 2329 (the MDL) and Plaintiffs Co-Lead Counsel appointed by the Hon. Jane Johnson in JCCP No. 4710 (the JCCP) (referred to collectively as Plaintiffs Counsel) (Plaintiffs Counsel and Wright Medical each a Party and collectively referred to as the Parties).

Before the Florida Public Service Commission 2017 Amended and Restated Stipulation and Settlement Agreement (October 3rd, 2017)

THIS AGREEMENT is dated this 27th day of September, 2017 and is by and between Tampa Electric Company (Tampa Electric or the company), the Office of Public Counsel (OPC or Citizens), the Florida Industrial Power Users Group (FIPUG), the Florida Retail Federation (FRF), the Federal Executive Agencies (FEA), and the WCF Hospital Utility Alliance (HUA). Collectively, Tampa Electric, OPC, FIPUG, FRF, FEA, and HUA shall be referred to herein as the Parties and the term Party shall be the singular form of the term Parties. OPC, FIPUG, FRF, FEA, and HUA will be referred to herein as the Consumer Parties. This document shall be referred to as the 2017 Agreement.

Hispanica International Delights Of America, Inc. – Settlement Agreement (October 3rd, 2017)

This Settlement Agreement ("Agreement") is entered into as of this 20th day of September 2017, by and among HISPANICA INTERNATIONAL DELIGHTS OF AMERICA, INC., a Delaware corporation (the "Company"), and ANSON INVESTMENTS MASTER FUND, LP ("Holder").

Settlement Agreement (September 28th, 2017)

This Settlement Agreement (this "Agreement") is made as of September 28, 2017 (the "Effective Date") by and between IOENGINE, LLC, a Delaware limited liability company ("IOENGINE"), GlassBridge Enterprises, Inc. f/k/a Imation Corp., a Delaware corporation ("GlassBridge"), and Scott F. McNulty ("McNulty" and together with IOENGINE and GlassBridge, each a "Party" and collectively, the "Parties").

QLT Inc. – Settlement Agreement (September 22nd, 2017)

This Settlement Agreement (Agreement) is entered into among the following Parties (Parties): the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General (OIG-HHS) of the Department of Health and Human Services (HHS); the Defense Health Agency (DHA), acting on behalf of the TRICARE Program (collectively, the United States); Aegerion Pharmaceuticals, Inc. (Aegerion); and Michele Clark, Tricia Mullins, and Kristi Winger Szudlo (collectively, Relators), through their authorized representatives.

Fairfax Group – Settlement Agreement (September 19th, 2017)

THIS SETTLEMENT AGREEMENT (this "Agreement"), dated July 17, 2017 (the "Effective Date"), is executed by and between ProGreen US, Inc., a Delaware corporation (the "Company") and Lucas Hoppel. The Company and Mr. Hoppel are each respectively referred to herein as a "Party" and collectively as "the Parties."

San Juan Basin Royalty Tr – Compromise Settlement Agreement (September 18th, 2017)

This Compromise Settlement Agreement (this Agreement) is executed on one hand by Compass Bank (Trustee), in its capacity as Trustee of the San Juan Basin Royalty Trust (the Trust) and on the other hand by Burlington Resources Oil & Gas Company LP (Burlington Resources) and its general partner, BROG GP LLC (BROG) (Burlington Resources and BROG are jointly referred to herein as Burlington), effective as of January 1, 2017 (the Effective Date). The Trust and Burlington are sometimes referred to collectively as the Parties and individually as a Party.

Settlement Agreement (September 18th, 2017)

This Settlement Agreement (this "Agreement") is entered as of this 15th day of September 2017 by and between GlassBridge Enterprises, Inc. f/k/a Imation Corp., a Delaware corporation, on behalf of itself and each of the subsidiaries and affiliates identified herein (collectively, "GBE") and CMC Magnetics Corporation on behalf of itself and CMC Magnetics Co., Ltd. and any and all of its subsidiaries and affiliates who have claims against GBE and any of its current or future subsidiaries and affiliates worldwide (collectively, "CMC" and together with GBE, each a "Party" and collectively, the "Parties").

Imperial Garden & Resort, Inc. – Settlement Agreement (September 14th, 2017)

During the period of 1992 and 1993, Party B delegated authorities to Geng-Meng Lin, the then Vice Chairman of Party B, to seek funds on behalf of Party B to mitigate Party B's working capital shortage. Party B planned to use as collateral for the new loans, the land of 222.6313 hectares (approximately 550 acres) consisting of an aggregate of 268 parcels of land located in No. 64, Da Tao Ping District, Zao Qiao Township, Miao Su County and No. 19, Lao Tian Liao District, Tou Wu Township. Geng-Meng Lin signed the loan agreement (the "Loan Agreement") with Party A on June 25, 1993, pursuant to which Party A agreed to provide a line of credit in the maximum amount of five hundred million New Taiwanese Dollars (approximately $26.5 million) to Party B with a lien and the unlimited Surface Rights on the Royal Golf Course and the nearby land in an aggregate of approximately 210 hectares owned by Party B. Party A lent an aggregate amount of four hundred million New Taiwan Dollars to Geng-Meng L

Helpful Alliance Co – Settlement Agreement (August 21st, 2017)

This Settlement Agreement ("Agreement") is made as of this 30th day of June, 2017 ("Effective Date") by and between HELPFUL ALLIANCE COMPANY, a Florida Corporation having a principal address at 700 W Hillsboro Blvd., Suite 1-100, Deerfield Beach, FL 33441 ("Borrower") and ZIMAS LLC, a Florida Limited Liability Company having an address at 18911 Collins Avenue, Unit 2701, Sunny Isles Beach, FL 33160 (together with its successors and assigns, the "Lender"), collectively herein referred to as the "Parties".

Helpful Alliance Co – Addendum 1 to Settlement Agreement Dated June 30, 2017 (August 21st, 2017)

This Addendum to Settlement Agreement ("Agreement") is entered in effect as of this 30th day of June, 2017 ("Effective Date") by and between HELPFUL ALLIANCE COMPANY, a Florida Corporation having a principal address at 700 W Hillsboro Blvd., Suite 1-100, Deerfield Beach, FL 33441 ("Borrower") and ZIMAS LLC, a Florida Limited Liability Company having an address at 18911 Collins Avenue, Unit 2701, Sunny Isles Beach, FL 33160 (together with its successors and assigns, the "Lender"), collectively herein referred to as the "Parties".

MyDx, Inc. – Settlement Agreement (August 21st, 2017)

SETTLEMENT AGREEMENT, dated April 25, 2017 (this "Agreement"), between MyDx, Inc. ("Maker") and BPM LLP ("BPM"). The parties agree to negotiate and settle the debt set forth above under the following terms and conditions of this Settlement Agreement ("Agreement").

Mylan B.V. – Settlement Agreement (August 21st, 2017)

This Settlement Agreement (Agreement) is entered into among the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General (OIG-HHS) of the Department of Health and Human Services (HHS), Mylan Inc. and Mylan Specialty L.P. (collectively, Mylan), and Relators identified in the cases listed in Paragraph B of the Recitals to this Agreement (Relators) (hereafter collectively referred to as the Parties), through their authorized representatives.

Northsight Capital, Inc. – Settlement Agreement (August 21st, 2017)

This Settlement Agreement ("Agreement") is entered into and effective this 17th day of July, 2017, by and between NORTHSIGHT CAPITAL, INC., a Nevada Corporation (referred to herein as "Plaintiff" and/or "NCAP") with offices located at 7580 E. Gray Road, #103, Scottsdale, AZ 85260 and TUMBLEWEED HOLDINGS, INC., a Utah Corporation ("Defendant") with offices located at 720 Fifth Avenue, 10th Floor, New York, NY 10019. Plaintiff and Defendant are collectively referred to herein as the "Parties" and each individually as a "Party."

Accurexa Inc. – THIS SETTLEMENT AGREEMENT (Agreement) Dated 9th Day of August, 2017 Is Made BETWEEN: (August 11th, 2017)
Settlement Agreement (August 8th, 2017)

This Settlement Agreement (collectively with Exhibits A through C, "Settlement Agreement") is made and entered into as of the 5th day of April, 2017 (the "Execution Date") by and between, on the one hand, Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland Limited (collectively, "Jazz," or each separately, a "Jazz Party"), and on the other hand, Roxane Laboratories, Inc., West-Ward Pharmaceuticals Corp., Eurohealth (USA), Inc., and Hikma Pharmaceuticals PLC (collectively, "Roxane," or each separately, a "Roxane Party") (collectively, the "Parties," or each separately, a "Party").

South Carolina Electric & Gas Co – Settlement Agreement (July 28th, 2017)

This SETTLEMENT AGREEMENT (this "Agreement") is entered into as of the 27th day of July, 2017 (the "Effective Date"), by and among Toshiba Corporation, a Japanese corporation ("Toshiba"), South Carolina Electric & Gas Company, a South Carolina corporation ("SCE&G") and the South Carolina Public Service Authority, a body corporate and politic created by the laws of South Carolina ("Santee Cooper"). Each of Toshiba, SCE&G and Santee Cooper may be referred to herein as a "Party" and collectively as the "Parties".

Before the Public Utility Commission of Texas Stipulation and Settlement Agreement (July 24th, 2017)

As of July 21, 2017, this Stipulation and Settlement Agreement (Stipulation) is made and entered into by and among Sharyland Utilities, L.P. (Sharyland), Sharyland Distribution & Transmission Services, L.L.C. (SDTS), and Oncor Electric Delivery Company LLC (Oncor) (collectively Joint Applicants); Staff (Staff) of the Public Utility Commission of Texas (Commission); Office of Public Utility Counsel (OPUC); St. Lawrence Cotton Growers Association (St. Lawrence); Cities of Midland, Colorado City, McAllen, and Farmersville; City of Mission; TXU Energy Retail Company LLC (TXU Energy); Reliant Energy Retail Services, Green Mountain Energy Company, and US Retailers, LLC (collectively NRG Retail Companies); Texas Cotton Ginners Association (TCGA); Alliance for Retail Markets (ARM); Texas Energy Association for Marketers (TEAM); the Steering Committee of Cities Served by Oncor; and Alliance of Oncor Cities (collectively the Signatories).1

InfraREIT, Inc. – Docket No. Before the Public Utility Commission of Texas Stipulation and Settlement Agreement (July 24th, 2017)

As of July 21, 2017, this Stipulation and Settlement Agreement (Stipulation) is made and entered into by and among Sharyland Utilities, L.P. (Sharyland), Sharyland Distribution & Transmission Services, L.L.C. (SDTS), and Oncor Electric Delivery Company LLC (Oncor) (collectively Joint Applicants); Staff (Staff) of the Public Utility Commission of Texas (Commission); Office of Public Utility Counsel (OPUC); St. Lawrence Cotton Growers Association (St. Lawrence); Cities of Midland, Colorado City, McAllen, and Farmersville; City of Mission; TXU Energy Retail Company LLC (TXU Energy); Reliant Energy Retail Services, Green Mountain Energy Company, and US Retailers, LLC (collectively NRG Retail Companies); Texas Cotton Ginners Association (TCGA); Alliance for Retail Markets (ARM); Texas Energy Association for Marketers (TEAM); the Steering Committee of Cities Served by Oncor; and Alliance of Oncor Cities (collectively the Signatories).1

Kcg Holdings Inc. – Without Prejudice & Subject to Contract Settlement Agreement (July 24th, 2017)
Golf Trust of America, Inc. – Amendment No. 2 to THE Interim Settlement Agreement BETWEEN pERNIX AND Gsk (July 21st, 2017)

This AMENDMENT NO. 2 to the interim settlement agreement (this "Amendment No. 2"), dated as of July 20, 2017, is entered into by and between Pernix Therapeutics Holdings, Inc. ("Pernix Holdings") and Pernix Ireland Limited ("Pernix Ireland" and together with Pernix Holdings, "Pernix"), on the one hand, and Glaxo Group Limited, GlaxoSmithKline LLC, GlaxoSmithKline Intellectual Property Holdings Limited and GlaxoSmithKline Intellectual Property Management Limited (collectively, "GSK"), on the other. Each of the foregoing shall be referred to herein as a "Party" and collectively as the "Parties."

York Entertainment – TRADEMARK ASSIGNMENT AND SETTLEMENT Agreement (July 21st, 2017)

This Trademark Assignment and Settlement Agreement (the "Agreement") is entered into by and between STUDIOCANAL, a Societe anonyme of France, having an address at 1 Place du Spectacle, F-92130, Issy Les Moulineaux, France, and CAROLCO PICTURES, Inc., a Florida corporation, having an address at 5550 Glades Road, Suite 500, Boca Raton, Florida 33431, USA ("CPI"), (each a "Party" and collectively the "Parties").

XRpro Sciences, Inc. – Settlement Agreement and Adea Release (July 11th, 2017)

This Settlement Agreement and Release of claims under the Age Discrimination in Employment Act (the "Agreement") is by and between Dr. Benjamin Warner ("Warner") and Icagen, Inc. ("Icagen").

Cooperation and Settlement Agreement (July 6th, 2017)

This Cooperation and Settlement Agreement (this "Agreement") dated June 30, 2017, is by and among T.J. Rodgers, the entities listed on Schedule A (the "Rodgers Trusts" and together with Mr. Rodgers, the "Rodgers Parties") and Cypress Semiconductor Corporation (the "Company").

Calyxt, Inc. – Settlement Agreement, Waiver and Release (June 23rd, 2017)

This Settlement Agreement and Release [the Agreement] is executed by and between Gregory R. Smith [Smith], and Calyxt, Inc., f/n/a Cellectis Plant Sciences [Calyxt] [sometimes jointly referred to as the Parties].

Calyxt, Inc. – Settlement Agreement, Waiver and Release (June 16th, 2017)

This Settlement Agreement and Release [the Agreement] is executed by and between Gregory R. Smith [Smith], and Calyxt, Inc., f/n/a Cellectis Plant Sciences [Calyxt] [sometimes jointly referred to as the Parties].

Georgia Power Co – Settlement Agreement (June 16th, 2017)

This SETTLEMENT AGREEMENT (this "Agreement") is entered into as of the 9th day of June, 2017 (the "Effective Date"), by and among Toshiba Corporation, a Japanese corporation ("Toshiba"), and Georgia Power Company, a Georgia corporation ("Georgia Power"), Oglethorpe Power Corporation (An Electric Membership Corporation), an electric membership corporation formed under the Laws of the State of Georgia ("OPC"), Municipal Electric Authority of Georgia, a public body corporation and politic and an instrumentality of the State of Georgia ("MEAG"), and The City of Dalton, Georgia, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking Fund Commissioners ("Dalton"). Each of Toshiba, Georgia Power, OPC, MEAG and Dalton may be referred to herein as a "Party" and collectively as the "Parties".

Monarchy Resources, Inc. – Settlement Agreement (June 13th, 2017)

This Settlement Agreement (this Agreement) is made and entered into as of June __, 2017, by and among I-Wellness Marketing Group, Inc. f/k/a Monarchy Ventures, Inc. f/k/a Monarchy Resources, Inc., a Nevada corporation (IWMG), on the one hand, and the shareholders of IWMG identified on Schedule 1 attached hereto (each a Spud Shack Shareholder and collectively, the SPUD SHACK Shareholders), on the other hand. IWMG and the SPUD SHACK Shareholders are each referred to individually as a Party and collectively as the Parties.