Sentences with phrase «other party to the settlement»

But what about other victims who have signed confidentiality agreements in the course of settling sexual assault claims, in cases when the other party to the settlement agreement will not agree to waive the confidentiality agreement?

Not exact matches

«It's a struggle to make sure third party assessments are truly independent,» said Terrell McSweeny, a Democratic commissioner at the Federal Trade Commission, the agency that brokered the settlement with Facebook and other tech companies.

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

«This settlement agreement was reached by four parties after a long negotiation and for New York State and Madison County to now change that arrangement, without including the other two parties, is wrong.

The sexual - harassment proposals closely mirror others put forward by state lawmakers from both parties in recent weeks: In mid-December, Senators Catharine Young and Elaine Phillips, both Republicans, proposed bills that, in addition to banning secret settlements, would also codify the definition of sexual harassment in state law and expand harassment protections for independent contractors.

Make every reasonable effort to negotiate an equitable and mutually agreeable settlement of any controversy with a supplier; and / or be willing to submit any major controversies to arbitration or other third party review, insofar as the established policies of my institution permit.

Such a break between sessions allows the parties to gather additional information that was found essential during the mediation process, to reflect on options themselves, or thoroughly discuss the pros and cons of settlements with their attorneys or others.

When a lender, real estate broker, or other participant in your settlement refers you to an affiliate for a settlement service (such as when a real estate broker refers you to a mortgage broker affiliate), RESPA requires the referring party to give you an Affiliated Business Arrangement Disclosure.

Unlike other types of settlement, the parties do not meet around a table to sign documents.

Debt settlements usually involve a contract with a third party who will agree to consolidate and pay off your outstanding debts — credit cards, automobile loans and other bills — and arrange for you to repay the balance as one fixed sum, to the debt settler.

A Third - Party Fee is a closing cost paid to a company other than your lender; and they are listed in the section labeled «All Other Settlement Services&raother than your lender; and they are listed in the section labeled «All Other Settlement Services&raOther Settlement Services».

Counterparty risk is the risk that a counterparty (the other party to a transaction or an agreement or the party with whom the Fund executes transactions) to a transaction with the Fund may be unable or unwilling to make timely principal, interest or settlement payments, or otherwise honor its obligations.

The distribution follows the final settlement of the sale of Aspen's California oil and gas assets to Venoco, Inc., at which the parties made a number of immaterial adjustments to the purchase price paid at the June 30, 2009 closing, and made certain other payments that were not determined until after the closing.

The Sierra Club announced today that it and the other parties to the REC rate case reached a settlement, pending final SCC approval.

timely responses to communications by email and telephone timely production of documents especially medical counsel for plaintiffs advising their clients about early settlement and realistic expectations counsel for defendants advising their clients to attend mediations with sufficient settlement authority expertise in a particular area of law posturing and egotism on both sides claims for punitive damages where none are warranted under law preparation for significant events such as examinations for discovery and motions accountability for the consequences of steps taken or delayed unnecessary or defensive crossclaims and third party claims by defence counsel regional differences (some local bars are more collegial than others)

If the other party won't make a serious offer, you'll have to be willing to go to court to either scare them into doing so or receive a court - mandated settlement.

Most importantly, we are devoted to protecting our clients» rights, and negotiating with the other parties for a settlement that is fair and just.

If you and your California personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.

With the exception of paragraph 5, the parties agree not to disclose the terms of this settlement, including Appendix A to anyone other than their legal or financial advisors, Manulife and the Grievor's immediate family.

An experienced Colorado traumatic brain injury lawyer can work with the other party and the insurance company to achieve a fair settlement on your behalf.

§ 61.001 (2)(b)- (c)(the purposes of Chapter 61, among other things, are «(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.»To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.»to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.»To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.»to the spouses and their children caused by the process of legal dissolution of marriage.»)

At the point where parties have separated but have not put in place an overall financial settlement or got divorced, there is a duty on the party who has the wherewithal to do so, to financially support (to a reasonable degree) the other party who is financially dependent.The criteria for assessing whether spousal maintenance is appropriate after a financial settlement has been reached, or after divorce, are quite different.

Anecdotal evidence and a survey undertaken by the Forum of Insurance Lawyers (FOIL) show that insurers and insurance lawyers are fully aware of the risks of costs sanctions for failure to mediate or other ADR, but consider that it has drawbacks compared to a joint settlement meeting, such as expense, and may even hamper settlement as parties are reluctant to make offers before a mediation.

If ODR becomes mandatory or, at the very least, if refusal to take part in an online dispute resolution process can be punished (for example by allowing the other party to collect costs), it will properly incentivise merchants to not only try to reach a settlement, but also to do so in good faith.

First, a demand for disconnection clauses (e.g. Art. 282 United Nations Convention on the Law of the Sea) contradicts the general praxis of international agreements to create an exception for the major part of parties excluding them from the dispute settlement procedure without opening this possibility for the other parties to the agreement (see also AG view para 115 - 6).

If you and your Georgia personal injury lawyer are unable to negotiate a settlement with the other party (or the their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.

Typically, the parties and their attorneys meet in a series of sessions with other necessary financial and health professionals to create a range of quality individualized settlement alternatives that both parties can agree on.

It is remedial because it is intended not only to compel compliance by insurers with an important statutory purpose, but also to provide a remedy to the other party who was deprived of the opportunity for an early settlement of the claim.

If the Indemnified Party fails to execute a release or other settlement agreement under circumstances where all of the conditions of the preceding sentence have been met, the Indemnifying Party shall have no further obligation to the Indemnified Party pursuant to this Agreement or otherwise.

The settlement agreement almost always takes the form of one party agreeing to pay the other party a set amount of money in exchange for an agreement to drop the lawsuit.

In Ontario, the Rules of Professional Conduct mandate respect between counsel, urge all parties to encourage settlement where possible, and advise that counsel extend reasonably requested courtesies with respect to procedural irregularities, particularly where it is clear that such requested courtesies, if granted, would not otherwise prejudice the other party.

Details on settlements reached with other parties have not been disclosed to the public.

A lot of the work they will do is leading up to a potential settlement with the other party.

As this and other cases show, the positive obligations to consider settlement and engage in mediation require parties and counsel to do so in good faith, but not necessarily to compromise their legal position, no matter how wrong it may ultimately be.

Often, when a verdict is rendered in lieu of a settlement, the losing party will have to pay out considerably more money than in a settlement — because trials are expensive, and costs for putting on the trial, paying for the judge, the court reporter, the jury members» per diem, the bailiff and others, can mean even more financial pain.

The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.

The other party will know we mean business, and this usually results in our ability to secure an out - of - court settlement.

Reaching a settlement means that you, the aggrieved party, and the other party, the defendant, has reached an agreement in terms of the amount of payment the insurance will pay you to cover the damages incurred by the accident.

I will encourage cooperative settlement out of court, but if the other party is not cooperative and negotiation will not be fruitful, it is important that you consult with an experienced litigator to protect what is yours.

Family lawyers and judges often see one party attempt to exact favourable settlement terms from the other through threats and coercion.

This is a settlement - negotiation tool: If the other party responds positively and is willing to make a fair settlement offer, we will recommend that you accept the offer instead of going to court.

If a case proceeds past the settlement stage and a lawsuit is necessary, in addition to these types of documents, testimony of the plaintiff, defendant and other interested parties will likely be required.

This process helps the parties try to resolve each other's concerns for financial security, the welfare and care of the children, and their attitudes for parenting together of the children, all which is discussed together and worked through as a team until the agreement of settlement is forged and with much more civility then you find through the judicial system.

Perhaps the most startling difference in approach is the facility within the Scottish system for parties to contract a binding settlement directly with each other, without the necessity of approval by the Court.

Many settlements of money issues require that one person refinance the mortgage to the matrimonial home in his or her own name and thereby raise the money to pay the other person whatever was agreed to by the parties.

CETA allows for parties to use either the bespoke dispute settlement procedure provided for under CETA, or the WTO dispute settlement procedures, but only one or the other.

After a motorcycle accident, your lawyer may contact the other party's insurance company to negotiate a settlement for costs resulting from the accident.

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

Your lawyer may try to engage the other party and his or her attorney in settlement negotiations in an effort to avoid going to trial, which can be costly.