Equitable / Substantive Fairness Sample Clauses

Equitable / Substantive Fairness. 10 In determining whether a consent decree is equitable, courts look to whether the 11 decree is substantively fair, considering the standpoint of both the signatories and 12 nonparties to the decree. See Turtle Island Restoration Network v. U.S. Dep’t of 13 Commerce, 834 X. Xxxx. 2d 1004, 1016-17 (D. Haw. 2011), aff’d, 672 F.3d 1160 (9th 14 Cir. 2012). However, “it is not the duty of the court to determine whether ‘the settlement 15 is one which the court itself might have fashioned, or considers ideal,’” and the court 16 should refrain from substituting its judgment for that of the parties. Chevron U.S.A., 380 17 F. Supp. 2d at 1111 (citing United States v. BP Expl. & Oil Co., 167 X. Xxxx. 2d 1045, 18 1049 (N.D. Ind. 2001)). “Rather, the court’s approval is nothing more than an amalgam 19 of delicate balancing, gross approximations and rough justice.” Oregon, 913 F.2d at 581 20 (internal citations and quotations omitted).
Sample 1
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Related to Equitable / Substantive Fairness

  • Non-Substantive Amendments The following items are considered by both parties to be not substantive and may be amended by resolution of Council.

  • Substantive Amendments 6.2.1 Amendments to any matters not identified under Section 6.1 shall be deemed substantive and may only be amended in accordance with the approval requirements of the Halifax Regional Municipality Charter.

  • Internal Substitution A. Every reasonable effort will be made to secure substitutes for teachers when they are absent from duty.

  • Mergers, Reorganizations and Equity Transfers Each of the Company and any Sponsor Affiliates acknowledges that any mergers, reorganizations or consolidations of the Company and such Sponsor Affiliates may cause the Project to become ineligible for negotiated fees in lieu of taxes under the FILOT Act absent compliance by the Company and such Sponsor Affiliates with the Transfer Provisions; provided that, to the extent provided by Section 12-44- 120 of the FILOT Act or any successor provision, any financing arrangements entered into by the Company or any Sponsor Affiliates with respect to the Project and any security interests granted by the Company or any Sponsor Affiliates in connection therewith shall not be construed as a transfer for purposes of the Transfer Provisions. Notwithstanding anything in this Fee Agreement to the contrary, it is not intended in this Fee Agreement that the County shall impose transfer restrictions with respect to the Company, any Sponsor Affiliates or the Project as are any more restrictive than the Transfer Provisions.

  • Procedural Fairness Investigation of an allegation, complaint or rumour that could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. If a disciplinary meeting with the Headmaster is required before a decision is taken, the School will make reasonable efforts to notify the Parents or education guardian so that they can attend. In the absence of the Parents or education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.

  • Alternative to Litigation 13.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

  • Reclassification Procedure a. A completed Position Description Form and written explanation for a proposed reclassification request shall be submitted to the Agency Personnel Office.

  • Conclusion and Recommendations D. Evaluations for Offenders without a sex offense conviction shall answer the following additional referral questions in the evaluations:

  • Reclassification of Position An employee shall not have her salary reduced by reason of a change in the classification of her position that is caused other than by the employee herself.

  • Real estate transactions You must sign the certification. You may cross out item 2 of the certification.

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