No Precedential Effect Clause Samples

A No Precedential Effect clause establishes that the terms, interpretations, or outcomes of the current agreement or dispute do not set a binding precedent for future agreements or cases between the parties. In practice, this means that any decisions, settlements, or interpretations made under this contract are unique to this specific situation and cannot be cited as authoritative or binding in subsequent negotiations or legal proceedings. The core function of this clause is to prevent the parties from being constrained by past outcomes, thereby preserving flexibility and reducing the risk of unintended legal consequences in future dealings.
POPULAR SAMPLE Copied 6 times
No Precedential Effect. Each of the parties hereto acknowledges and agrees that certain negotiated provisions of this Agreement were agreed as an accommodation to the parties and may be unique to the facts and circumstances surrounding this particular relationship. In furtherance of that goal the parties acknowledge that in negotiating future agreements as between two or more of the named parties herein this Agreement should be of no precedential effect.
View SourceView Similar (4)
No Precedential Effect. By entering into this Agreement, it is not the intention of the Company to establish any policy, procedure, course of dealing or plan of general application irrespective of any similarity in facts or circumstances involving such other employee, on the one hand, and Employee, on the other hand.
View SourceView Similar (5)
No Precedential Effect. The Parties expressly understand and agree that this Agreement constitutes a negotiated settlement for the sole purpose of resolving the matters agreed to herein. No Party shall be prejudiced or bound by this Agreement in any proceeding except as specifically provided herein, nor shall any Party be deemed to have conceded, approved, accepted, agreed to or consented to any concept, theory, or principle underlying or supposed to underlie any position taken by any other Party in the proceedings resolved by this Agreement. This Agreement shall not constitute an admission of liability or an admission against interest by any Party, and shall not be cited or relied on as precedent by one Party to the detriment of the other in any proceedings other than those referenced herein, except to the extent necessary to enforce the provisions of this Agreement.
View Source
No Precedential Effect. Except as expressly provided for in this Agreement, and for the reasons described in Section 2.1.2, among others, this Agreement and, in particular the rates established in accordance herewith, shall not constitute a precedent in any future proceedings, except to enforce the terms of this Agreement. This Agreement shall not be used as evidence that a particular method is a “long-standing practice” as that term is used in Columbia Gas Transmission used in Public Service Comm. of New York v. FERC, 642 F.2d 1335 (D.C. Cir. 1980).
View SourceView Similar (2)
No Precedential Effect. The terms of this Settlement Agreement do not establish any precedent. The City understands and agrees that this Settlement Agreement shall not be used by it as a basis to seek or justify similar terms in any subsequent cases or administrative proceedings.
View Source
No Precedential Effect. The Parties do not intend that this Agreement, its Term, or the methodology it employs, should have any precedential effect on tariff rate-making for any other pipeline or for any other matter not settled by this Agreement. This Agreement shall not constitute an admission by the Parties concerning any question of fact or question of law, and this Agreement does not represent in any way the position of the Parties regarding pipeline regulation in general. Further, in the event that any Transportation Rates established pursuant to this Agreement are ever challenged by any third party, nothing in this Agreement or in the OSM set forth in Article II may be relied upon or cited as evidence to establish that such Transportation Rates are excessive, discriminatory, or otherwise unlawful, or to set a new rate or rates that differ from those determined by this Agreement.
View Source
No Precedential Effect. The Parties agree that no Party shall use this Agreement, nor Commission acceptance or approval of it, directly or indirectly in any other proceeding, except as necessary to enforce or implement this Agreement. Nor shall Commission approval or acceptance of the Agreement be construed as an endorsement or adoption of any analysis, argument or opinion presented or used by a Party or witnesses herein in another case whether that case involves the Party or any other utility or pipeline. This Agreement represents a compromise of contested positions. Except as specifically provided in this Agreement, the Parties do not intend that this Agreement, its terms, or the methodology it employs will have any precedential effect for any other pipeline or for KBPL itself. Subject to the foregoing, this Agreement may be referenced for purposes of providing an historical explanation for regulatory purposes relating to KBPL. The Parties request that the RCA specifically state in any order approving or accepting this Agreement that such order may not be used as precedent in any other proceeding except as otherwise specifically provided in this Agreement for KBPL. Neither this Agreement, nor any materials, including, but not limited to, any agreement in principle, notes, and drafts used in furtherance of reaching this Agreement may be offered into evidence or admitted by any Party in any subsequent litigation or proceeding or used in any context whatsoever beyond the purposes of this Agreement. The Parties further agree that this Agreement does not represent in any way the position of any Party with regard to pipeline regulation. Nor does this Agreement indicate in any way the Parties agreement with any position taken by any other Party on issues that may have been or could have been raised, and by this Agreement no Party waives any argument on any issues, unless a waiver of specific issues is expressly set forth in this Agreement. Except as otherwise specifically provided herein, this Agreement also does not prevent the Parties from presenting or arguing in future cases their respective positions on issues that were raised or that might have been raised in this case.
View Source
No Precedential Effect. Except as specifically provided in this Agreement, the Parties do not intend that this Agreement, its terms, or the methodology it employs will have any precedential effect for any other pipeline whatsoever, or for CIPL CIPL/CIE SETTLEMENT AGREEMENT except as expressly requested and approved or accepted by the RCA. Moreover, the Parties agree to request that the RCA specifically state in any order approving or accepting this Agreement that such order may not be used as precedent in any other proceeding except as expressly requested and approved or accepted by the RCA. Neither this Agreement, nor any materials used in furtherance of the settlement (including, but not limited to, notes and drafts), may be offered into evidence or admitted by any Party in any subsequent litigation or proceeding, or used in any context whatsoever beyond the purposes of this Agreement.
View Source
No Precedential Effect. This Agreement, its Term, and the methodology it employs, shall not have any precedential effect on tariff ratemaking for any other pipeline or for any other matter not settled by this Agreement. This Agreement shall not constitute an admission by the Parties concerning any question of fact or law, and this Agreement does not represent in any way the position of any Party regarding pipeline regulation in general. Notwithstanding anything herein to the contrary, all year-end account balances established by, or resulting from the application of, the terms of this Agreement, including without limitation, Rate Base, and accrued Depreciation (trued up to actual as of the end of any applicable calendar year), shall be used by the TAPS Carriers following the termination of this Agreement in determining future rates.
View Source

Related to No Precedential Effect

  • Authorization of Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • Authorization of Agreement, Etc The Borrower has the right and power, and has taken all necessary action to authorize it, to borrow and obtain other extensions of credit hereunder. The Borrower and each other Loan Party has the right and power, and has taken all necessary action to authorize it, to execute, deliver and perform each of the Loan Documents to which it is a party in accordance with their respective terms and to consummate the transactions contemplated hereby and thereby. The Loan Documents to which the Borrower or any other Loan Party is a party have been duly executed and delivered by the duly authorized officers of such Person and each is a legal, valid and binding obligation of such Person enforceable against such Person in accordance with its respective terms except as the same may be limited by bankruptcy, insolvency, and other similar laws affecting the rights of creditors generally and the availability of equitable remedies for the enforcement of certain obligations (other than the payment of principal) contained herein or therein may be limited by equitable principles generally.

  • Waiver or Amendment Except as may apply to any particular waiving or consenting Noteholder, no waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with the consent of at least fifty percent (50%) of the aggregate principal amount (excluding any Subordinated Notes held by the Company or any of its Affiliates) of the Subordinated Notes at the time outstanding; provided, however, that without the consent of each holder of an affected Subordinated Note, no such amendment or waiver may: (i) reduce the principal amount of the Subordinated Note; (ii) reduce the rate of or change the time for payment of interest on any Subordinated Note; (iii) extend the maturity of any Subordinated Note; (iv) change the currency in which payment of the obligations of the Company under this Agreement and the Subordinated Notes are to be made; (v) lower the percentage of aggregate principal amount of outstanding Subordinated Notes required to approve any amendment of this Agreement or the Subordinated Notes; (vi) make any changes to Section 4(c) (Partial Redemption), Section 6 (Events of Default; Acceleration), Section 7 (Failure to Make Payments), Section 16 (Priority), or Section 18 (Waiver and Consent) of the Subordinated Notes that adversely affects the rights of any holder of a Subordinated Note; (vii) make any changes to this Section 7.3 (Waiver or Amendment) that adversely affects the rights of any holder of a Subordinated Note; or (viii) disproportionately affect the rights of any of the holders of the then outstanding Subordinated Notes. Notwithstanding the foregoing, the Company may amend or supplement the Subordinated Notes without the consent of the holders of the Subordinated Notes to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of any holder of any of the Subordinated Notes. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

  • Suspension of Agreement SCEA may suspend this Agreement, entirely or with respect to a particular Licensed Product or program, for a set period of time which shall be specified in writing to Publisher upon the occurrence of any breach of this Agreement.

  • ALTERATION OF AGREEMENT A. It is hereby agreed that any alteration or modification of this Agreement shall be binding upon the parties only if agreed to in writing by both parties. B. The waiver of any condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.