Non-Settling Party definition
Examples of Non-Settling Party in a sentence
Subject to any offset(s) the Court may determine is required by applicable law, this Agreement shall not otherwise preclude any Class Members from continuing to pursue any claims against any Non-Settling Party.
If such notice is received from the Non-Settling Party, the Non-Settling Party shall indemnify, defend and hold harmless the Settling Party and its Affiliates from and against all reasonable costs and expenses related to pursuing such Determination (including the costs of outside advisors and attorneys), and shall pay the Settling Party reasonable fees for the time of the employees and use of other resources of the Settling Party and its Affiliates.
Debtors reserve all of their rights, defenses and offsets with respect to each Non-Settling Party.
If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any such Party to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the Judgment Reduction (as defined below) provisions set forth herein.
Such court or tribunal shall determine whether the Action gives rise to Barred Claims on which any Party would have been liable to the Non-Settling Party in the absence of this Bar Order.
The Settling Party shall remit to the Non-Settling Party the amount of the Section 3.2 Settlement Amount within five (5) Business Days after the Section 3.2 Settlement Amount has been calculated in accordance with Sections 3.2(d) and 3.3. Where the Settling Party elects to freeze its liability pursuant to the first sentence in this Section 3.2, the Non-Settling Party shall be entitled to retain any benefit and shall bear any detriment from not accepting such settlement.
Subject to any offset(s) the Court may determine is required by applicable law, this Agreement shall not otherwise preclude Class Members from continuing to pursue any claims against any Non-Settling Party.
In furtherance of this obligation, the Insurer and Owner represent and warrant that if they, or either of them, settles with any Non-Settling Party for any claims directly or indirectly arising from or relating to the Released Claims, then they will use reasonable efforts to obtain from such Non-Settling Party an agreement to waive or release any and all Non-Settled Claims that the Non-Settling Party may have against the Releasees.
Any testing and material sampling performed at the CTS Site after the Execution Date by the Town of Surfside or any Non-Settling Party shall be performed at their sole cost and expense.
If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any of the Lender Releasees to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the judgment reduction provisions set forth herein.