Good Faith Settlement. This Release constitutes the good faith compromise and settlement of all claims and potential claims Executive has against any one or more of the Released Parties and is not and shall not be construed as an admission of any wrongful or unlawful act against Executive or that the conclusion of Executive’s employment was in any way wrongful or unlawful.
Good Faith Settlement. This Agreement constitutes the good faith compromise and settlement of all claims and potential claims Executive has against any one or more of the Released Parties and is not and shall not be construed as an admission of any wrongful or unlawful act against Executive or that the conclusion of Executive’s employment as of the Effective Time will be in any way wrongful or unlawful.
Good Faith Settlement. The Releasing Parties agree that the provisions of this Agreement and any claim thereunder constitute a good faith settlement under California Code of Civil Procedure Sections 877 and 877.6, Hawaii Revised Statutes Section 663-15.5, and comparable laws in other states. Plaintiff and Class Counsel will not oppose a motion by Defendants in a subsequent action contending that this is a good faith settlement.
Good Faith Settlement. This Settlement has been negotiated and entered into between the Parties through arms-length negotiations, and it is made in good faith, including within the meaning of California Code of Civil Procedure §§877 et seq. and any comparable provisions provided under the laws of any state or territory of the United States, whether statutory or judicial decision, which is equivalent or similar to such California code sections.
Good Faith Settlement. The Parties desire to resolve the Litigation and the Claims, and certain other disputes, in the manner and to the extent set forth in the Integrated Agreement. The Parties agree that the settlement embodied in the Integrated Agreement is made in good faith.
Good Faith Settlement. Each of the Buyer and Seller agree to use their best efforts to resolve amicably any dispute which arises under this Agreement or the Licenses, and will not take any action inconsistent therewith. At the option of any of the Buyer and Seller, any such dispute shall be submitted to the Vice President of Seller and the Chief Financial Officer of Buyer for their consideration and resolution, and if no decision is then reached, to the Senior Executive Officer of Seller and the Chief Executive Officer of Buyer for their consideration and resolution. The resolution of any matter in accordance with this Section 12.1 shall be binding on the Buyer and Seller for all purposes.
Good Faith Settlement. The Parties hereby stipulate and agree that the settlement memorialized in this Settlement Agreement is a good faith settlement between and among the Parties within the meaning of California Code of Civil Procedure Section 877.6.
Good Faith Settlement. The Parties agree that this Agreement as set forth in this Agreement is a “good faith settlement” within the meaning of California Code of Civil Procedure Section 877.6 (and any similar law of any other applicable jurisdiction) for purposes of eliminating third-party indemnity contribution and arbitration claims against the Enron Debtors. All Parties shall support a finding by the Enron Bankruptcy Court to that effect.
Good Faith Settlement. 23 SECTION 12.2. Arbitration.............................................................................23 ARTICLE XIII.............................................................................................24 SECTION 13.1. Confidentiality.........................................................................24 SECTION 13.2. Use of Confidential Information.........................................................25 SECTION 13.3. Protection of Confidential Information..................................................25 ARTICLE XIV..............................................................................................26 SECTION 14.1. Assignment..............................................................................26 SECTION 14.2. Parties in Interest.....................................................................26 SECTION 14.3. Amendment.............................................................................26 SECTION 14.4. Waiver................................................................................26 SECTION 14.5. Fees and Expenses.....................................................................26 SECTION 14.6. Notices...............................................................................27 SECTION 14.7. Brokers...............................................................................28 SECTION 14.8. Certain Definitions...................................................................28 SECTION 14.9. Captions..............................................................................30 SECTION 14.10. Entire Agreement......................................................................30 SECTION 14.11. Specific Performance..................................................................30 SECTION 14.12. Severability..........................................................................31 SECTION 14.13. Waiver of Jury Trial..................................................................31 SECTION 14.14. Representatives.......................................................................31 SECTION 14.15. Public Announcement...................................................................31 SECTION 14.16. Exhibits and Schedules................................................................31 SECTION 14.17. Governing Law.........................................................................31 SECTION 14.18. Counterparts..........................................................................
Good Faith Settlement. The releases by the Port in this Agreement shall bar the contribution, indemnity or subrogation rights that any other insurers of the Port may have against Great American as of the Effective Date with respect to any Environmental Claim relating to or arising out of any of the Three Occurrences, provided that a court of competent jurisdiction subsequently determines that this settlement bars such claims. Unless otherwise agreed by the Parties, the Port and/or Great American shall seek such a claims bar order in the event: (1) coverage litigation is initiated between the Port and other insurers involving any Environmental Claims relating to or arising out of the Three Occurrences and the other insurers contend that the Great American Entities have unfulfilled obligations with respect to the Three Occurrences; (2) coverage litigation or contribution claims are brought against Great American by another insurer involving such Environmental Claims; or (3) one of the Parties elects to seek a claims bar order after twenty four months has passed since the Effective Date of the Agreement. When any of the preceding events occur, either the Port or Great American may pursue a good faith settlement and claims bar order involving such Environmental Claims. The Parties agree to cooperate with each other to obtain such a claims bar.
