Partial Settlement Sample Clauses

Partial Settlement. Nothing in this Agreement should be construed as precluding any Signatory’s authority to settle, at its sole discretion, any claims asserted against it. a. A Settling Signatory will have no Judgment-Sharing Payment Obligations under this Agreement with respect to the claims settled by such Settling Signatory if, and only if, the settlement agreement with the Claimant includes the following provisions (a “Setoff Provision”) with respect to those claims: (i) a provision pursuant to which each settling Claimant agrees not to collect as a result of a judgment from any other Signatory, any other defendant in the Interchange Litigation, or any affiliates of the foregoing, an amount equal to the greater of the following (x) and (y) (with the amounts set forth in (x) to be allocated as set forth therein): (x) to the extent a Claimant settles, compromises or releases (a) any MasterCard-Related Claims against the Settling Signatory, the judgment-sharing payment obligations of the Settling Signatory with respect to MasterCard-Related Claims under all Sharing Agreements to which the Settling Signatory is a party (however those claims are described therein), and (b) any Inter-Network Claims against the Settling Signatory, the judgment-sharing payment obligations of the Settling Signatory with respect to Inter-Network Claims under all Sharing Agreements to which the Settling Signatory is a party (however those claims are described therein), or (y) the amount paid by the Settling Signatory to the Claimant; and (ii) a provision stating that the other Signatories to this Agreement, and other signatories to the Omnibus Agreement, and any affiliates of the foregoing, are intended third party beneficiaries of the Setoff Provision. For the avoidance of doubt, the Setoff Provision shall provide that the agreement of the settling Claimant(s) not to collect the greater of the Settling Signatory’s judgment-sharing payment obligation or the amount paid by the Settling Signatory to the Claimant from any other Signatory or other party in the Interchange Litigation shall apply to the full amount of any Monetary Award (including any trebling) against one or more non-Settling Signatories even if the Settling Signatory is not identified as a responsible party in the Final Judgment. b. In the event that a competent court or arbitrator finally determines that one of the foregoing provisions in this Paragraph is ineffective or unenforceable in whole or in part, or if the Settling Signatory ...

Partial Settlement. “Partial Settlement” shall have the meaning set forth in Section 4 of Article XIV.

Partial Settlement. This Settlement Agreement is a settlement of some but not all the issues within the scope of the proceeding between the Settling Parties. This Settlement Agreement shall be only construed to settle those issues expressly identified in Section II.

Partial Settlement. If the Parties reach a settlement of some, but not all, issues during the mediation phase of these proceedings, they shall execute a Memorandum of Understanding or Separation Agreement reflecting: (i) the agreed-upon terms, and (ii) a list of the issues to be resolved by arbitration.

Partial Settlement. Nothing in this Agreement should be construed as precluding any Signatory’s authority to settle, at its sole discretion, any claims asserted against it. a. A Settling Signatory will have no Judgment-Sharing Payment Obligations under this Agreement with respect to the claims settled by such Settling Signatory if, and only if, the settlement agreement with the Claimant includes the following provisions (a “Setoff Provision”) with respect to those claims: (i) a provision pursuant to which each settling Claimant agrees not to collect as a result of a judgment from any other Signatory, any other defendant in the Interchange Litigation, or any affiliates of the foregoing, an amount equal to the greater of the following (x) and (y) (with the amounts set forth in (x) to be allocated as set forth therein): (x) to the extent a Claimant settles, compromises or releases (a) any MasterCard- Related Claims against

Partial Settlement. Notwithstanding anything else in this Agreement, if not all Regional Corporations settle with Arctic Slope under this Section, the release under Section 10 and the dismissals under Section 11 shall not be executed as between Arctic Slope and such Regional Corporation or Corporations, and Arctic Slope and such Regional Corporations shall each retain all rights against the other.

Partial Settlement. (i) The Custorner shall be allowed to request for partial settlement of CGC’s Sale Price at any time during the Tenure by giving advance written notice to CGC. Payment of the partial settlement amount (“Partial Settlement Amount”) must be made on the date as determined by CGC. (ii) In the event the Customer exercises its right as above, the profit portion that is calculated on the Partial Settlement Amounts, from the date of receipt of the said Partial Settlement Amount until the end of Tenure or upon receipt of the Partial Settlement Amount (for Early Settlement (as defined hereinafter)), whichever is earlier, shall be waived by CGC by way of Ibra’. The said waiver by CGC shall be upon receipt of the Partial Settlement Amount or the end of Tenure, whichever is earlier.

Partial Settlement. Nothing in this Agreement should be construed as precluding any Signatory’s authority to settle, at its sole discretion, any claims asserted against it. d. For the purposes of this Agreement, “Sharing Agreements” refers collectively to (i) this Agreement, (ii) the Omnibus Agreement, (iii) the Interchange Judgment Sharing Agreement dated as of July 1, 2007, among Visa USA, Visa International, Visa Inc. and various financial institutions, as amended and restated in the Amended and Restated Judgment Sharing Agreement dated as of December 16, 2008, and as amended and to which the parties consented to amendment on February 7, 2011 in the “Consent to Amendment of Interchange Judgment Sharing Agreement” (the “Visa JSA”); and (iv) the Loss Sharing Agreement dated as of July 1, 2007, among Visa Inc., Visa International, Visa USA, and various financial institutions, as amended and restated in the Amended and Restated Loss Sharing Agreement dated as of December 16, 2008, and as amended and to which the parties consented to amendment on February 7, 2011 in the “Consent to Amendment of Loss Sharing Agreement” (the “Visa LSA”). The Visa JSA and Visa LSA are referred to collectively herein as the “Visa Agreements.”

Partial Settlement. If the conditions, if any, for the transfer of any of the Sale Shares that are registered shares subject to a restriction on transfer have not been satisfied, the settlement shall only be made with respect to that portion of the Sale Shares for which the failure to satisfy the conditions does not hinder the transfer. The Seller shall use its reasonable best efforts to ensure that the conditions for the transfer of any unsettled shares are subsequently satisfied; in particular, the Seller shall make a request for the consent to the transfer of such shares. If the conditions with respect to all or a part of such unsettled shares are satisfied, the Parties shall make a settlement in respect of such shares and transfer such shares within thirty (30) days of the satisfaction of the conditions for the transfer. If the transfer of such unsettled shares shall not have taken place by June 20, 2006, the number of the Sale Shares shall be reduced by the number of such shares and the Purchase Price shall be reduced accordingly, i.e., by the value of the shares which have not been transferred and the pro rata amount payable in connection with the Purchase Price.