Common use of Settlement Conditions Clause in Contracts

Settlement Conditions. The Settling Parties agree to the following general conditions: 2.1 If approved, the Settlement resolves all pending issues among the parties in A.▇▇-▇▇-▇▇▇, except those expressly noted in footnote 3 below.3 2.2 Because the Settling Parties crafted this Settlement by agreeing to concessions and trade-offs among themselves, the various elements of this Settlement are intimately interrelated, and should not be altered as the Settlement is a package solution that strives to balance and align the interests of each party. The Settling Parties intend the Settlement to be interpreted and treated as a unified, integrated document. In the event the Commission rejects or modifies this Settlement, the Settling Parties reserve their rights under Rule 12. 2.3 This Settlement and its Attachment(s) embody the entire understanding and agreement of the Settling Parties with respect to the matters addressed and described herein, and supersedes prior oral or written agreements, principles, negotiations, statements, representations, or understandings among the Settling Parties with respect to those matters. 2.4 Following Rule 12.5, the Settling Parties agree that this Settlement should not constitute precedent regarding any principle or issue in this proceeding or in any future proceeding. 2.5 The Settling Parties agree that this Settlement is reasonable in light of the whole record and all of the available information in this proceeding, is consistent with California law, and is in the public interest. 2.6 The Settling Parties agree that no provision of this Settlement shall be construed against any Settling Party because that Settling Party or its counsel or advocate drafted the provision. 2.7 This Settlement may be amended or changed only by written agreement signed by the Settling Parties. 2.8 The Settling Parties shall jointly request and actively support Commission approval of this Settlement. 2.9 This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 2.10 This Settlement shall become effective among the Settling Parties on the date the last party executes the Settlement as indicated below. 2.11 In witness thereof, intending to be legally bound, the Settling Parties hereto have duly executed this Settlement on behalf of the Settling Parties they represent.

Settlement Conditions. The Settling Parties agree to This Settlement Agreement resolves the following general conditions: 2.1 If approved, the Settlement resolves all pending issues among the parties in A.▇▇-▇▇-▇▇▇, except those expressly noted in footnote 3 below.3 2.2 Because raised by the Settling Parties crafted this Settlement by agreeing in A.14-11- 014, on certain residential time-of-use rate design issues, subject to concessions and trade-offs among themselves, the various elements of this Settlement are intimately interrelated, and should not be altered as the Settlement is a package solution that strives to balance and align the interests of each partyconditions set forth below: 1. The Settling Parties intend the Settlement to be interpreted and treated as a unified, integrated document. In the event the Commission rejects or modifies this Settlement, the Settling Parties reserve their rights under Rule 12. 2.3 This Settlement and its Attachment(s) embody Agreement embodies the entire understanding and agreement of the Settling Parties with respect to the matters addressed and described hereindescribed, and it supersedes prior oral or written agreements, principles, negotiations, statements, representations, or understandings among the Settling Parties with respect to those matters. In the event there is any conflict between the terms and scope of this Settlement Agreement as compared with the Joint Motion for Adoption that accompanies it, the Settlement Agreement shall govern. 2.4 Following Rule 12.52. This Settlement Agreement represents a negotiated compromise among the Settling Parties' respective litigation positions on the matters described, and the Settling Parties agree that have assented to the terms of the Settlement only to arrive at the agreement embodied herein. Nothing contained in this Settlement Agreement should be considered an admission of, acceptance of, agreement to, or endorsement of any disputed fact, principle, or position previously presented by any of the Settling Parties on these matters in this proceeding. 3. This Settlement Agreement does not constitute and should not constitute be used as a precedent regarding any principle or issue in this proceeding or in any future proceeding. 2.5 4. The Settling Parties agree that this Settlement Agreement is reasonable in light of the whole record and all of the available information in this proceedingtestimony submitted, is consistent with California the law, and is in the public interest. 2.6 5. The Settling Parties agree that no provision the language in all provisions of this Settlement Agreement shall be construed according to its fair meaning and not for or against any Settling Party because that Settling Party or its counsel or advocate drafted the provision. 2.7 6. This Settlement Agreement may be amended or changed only by a written agreement signed by the Settling Parties. 2.8 7. The Settling Parties shall jointly request and actively support Commission approval of this SettlementSettlement Agreement and shall actively support its prompt approval and subsequent implementation of all of its provisions. Active support shall include written and/or oral testimony (if testimony is required), briefing (if briefing is required), comments and reply comments on the proposed decision, advocacy to Commissioners and their advisors as needed (to the extent allowed by Commission Rules), and other appropriate means as needed to obtain the requested approval. The Settling Parties shall use their best efforts to obtain a final Commission decision approval of this Settlement Agreement, without modification, and find it reasonable, consistent with law and in the public interest, by the Commission’s October 22, 2015 meeting. 2.9 This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 2.10 This Settlement shall become effective among the 8. The Settling Parties on the date the last party executes intend this Settlement Agreement to be interpreted and treated as a unified, integrated agreement. As such, the Settlement as indicated below. 2.11 In witness thereof, intending Agreement is to be legally boundtreated as a complete package and not as a collection of separate agreements on discrete issues. To accommodate the various interests related to diverse issues, the Settling Parties hereto have duly executed acknowledge that changes, concessions, or compromises by a Party or Parties in one section of this Settlement on behalf Agreement resulted in changes, concessions or compromises by the Parties in other sections. Consequently, the Parties agree to affirmatively oppose any proposed substantive modification of this Settlement Agreement, whether proposed by any non-Settling Party, or by the Commission in a Proposed Decision or Alternate Proposed Decision, unless all Settling Parties jointly agree to support such modification. 9. In the event that the Commission’s final decision rejects or modifies this Settlement Agreement, the Settling Parties they representreserve their rights under Rule 12.4 of the CPUC's Rules of Practice and Procedure, and the Settlement Agreement should not be admitted into evidence in this or any other proceeding 10. This Settlement Agreement shall be interpreted, governed and construed under the laws of the State of California, including Commission decisions, orders and rulings, as if executed and to be performed wholly within the State of California.

Settlement Conditions. The This Residential Settlement resolves the issues raised by the Settling Parties agree to the following general conditions: 2.1 If approved, the Settlement resolves all pending issues among the parties in A.▇▇-▇▇-▇▇▇▇ on residential rate design, except those expressly noted in footnote 3 below.3subject to the conditions set forth below: 2.2 Because the Settling Parties crafted this 1. This Residential Settlement by agreeing to concessions and trade-offs among themselves, the various elements of this Settlement are intimately interrelated, and should not be altered as the Settlement is a package solution that strives to balance and align the interests of each party. The Settling Parties intend the Settlement to be interpreted and treated as a unified, integrated document. In the event the Commission rejects or modifies this Settlement, the Settling Parties reserve their rights under Rule 12. 2.3 This Settlement and its Attachment(s) embody embodies the entire understanding and agreement of the Settling Parties with respect to the matters addressed and described hereindescribed, and it supersedes prior oral or written agreements, principles, negotiations, statements, representations, or understandings among the Settling Parties with respect to those matters. This Residential Settlement builds on the underlying marginal cost and revenue allocation in the February 9 Settlement and incorporates that agreement by reference. 2.4 Following Rule 12.52. This Residential Settlement represents a compromise among the Settling Parties’ respective litigation positions, not agreement to or endorsement of disputed facts and law presented by the Settling Parties agree that in this proceeding. This Residential Settlement should does not constitute precedent regarding any principle or issue in this proceeding or in any future proceeding. 2.5 3. The Settling Parties agree that this Residential Settlement is reasonable in light of the whole record and all of the available information in this proceedingtestimony submitted, is consistent with California law, and is in the public interest. 2.6 4. The Settling Parties agree that no provision of this Residential Settlement shall be construed against any Settling Party because that Settling Party or its counsel or advocate drafted the provision. 2.7 5. This Residential Settlement may be amended or changed only by a written agreement signed by the Settling Parties. 2.8 6. The Settling Parties shall jointly request and actively support Commission approval of this SettlementResidential Settlement and shall actively support its prompt approval. Active support shall include written and oral testimony if testimony is required, briefing if briefing is required, comments and reply comments on the proposed decision, advocacy to Commissioners and their advisors as needed, and other appropriate means as needed to obtain the requested approval. 2.9 This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 2.10 This Settlement shall become effective among the 7. The Settling Parties on intend the date the last party executes the Residential Settlement as indicated below. 2.11 In witness thereof, intending to be legally boundinterpreted and treated as a unified, integrated agreement incorporating the February 9 Settlement, which forms the foundation for the residential rate design agreed to herein. In the event the Commission rejects or modifies this Residential Settlement or the underlying February 9 Settlement, the Settling Parties hereto have duly executed this Settlement on behalf of the Settling Parties they representreserve their rights under CPUC Rule 12.4.

Settlement Conditions. The Settling Parties agree to the following general conditions: 2.1 If approved, the This Settlement resolves all pending the contested issues among the parties in A.▇▇-▇▇-▇▇▇, except those expressly noted in footnote 3 below.3the Ancillary Services (AS) and Real-time Pricing (RTP) phase, ordered by D.▇▇-▇▇-▇▇▇, on meter reprogramming fees for residential customers, subject to the conditions set forth below: 2.2 Because 1. This Settlement embodies the entire understanding and agreement of the Settling Parties crafted this with respect to the matters described, and it supersedes prior oral or written agreements, principles, negotiations, statements, representations or understandings among the Settling parties with respect to those matters. 2. This Settlement by agreeing represents a negotiated compromise among the Settling Parties’ respective litigation positions on the matters described, and the Settling Parties have assented to concessions and trade-offs among themselves, the various elements terms of this Settlement are intimately interrelatedto arrive at the agreement embodied herein. Nothing contained in this Settlement should be considered an admission of, acceptance of, agreement to, or endorsement of any disputed fact, principle, or position previously presented by any of the Settling Parties on these matters in the Ancillary Services and Real-time Pricing phase of this proceeding or in any future proceeding. 3. The Settling Parties agree that this Settlement is reasonable in light of the testimony submitted, consistent with law, and should not in the public interest. 4. The Settling Parties agree that no provision of this Settlement shall be altered as construed against any Settling Party because the Settling Party or its counsel or advocate drafted the provision. 5. This Settlement may be amended or changed only by a written agreement signed by the Settling Parties. 6. The Settling Parties shall jointly request Commission approval of this Settlement and shall actively support its prompt approval. Active support shall include written and oral testimony if testimony is a package solution required.1/ 1/ Any oral or written testimony that strives to balance and align the interests of each partyCommission or administrative law judge might require shall be prepared jointly among parties with similar interests. 7. The Settling Parties intend the Settlement to be interpreted and treated as a unified, integrated documentagreement. In the event the Commission rejects or modifies this Settlement, the Settling Parties reserve their rights under Commission Rule 1212.4. 2.3 This Settlement and its Attachment(s) embody the entire understanding and agreement of the Settling Parties with respect to the matters addressed and described herein, and supersedes prior oral or written agreements, principles, negotiations, statements, representations, or understandings among the Settling Parties with respect to those matters. 2.4 Following Rule 12.5, the Settling Parties agree that this Settlement should not constitute precedent regarding any principle or issue in this proceeding or in any future proceeding. 2.5 The Settling Parties agree that this Settlement is reasonable in light of the whole record and all of the available information in this proceeding, is consistent with California law, and is in the public interest. 2.6 The Settling Parties agree that no provision of this Settlement shall be construed against any Settling Party because that Settling Party or its counsel or advocate drafted the provision. 2.7 This Settlement may be amended or changed only by written agreement signed by the Settling Parties. 2.8 The Settling Parties shall jointly request and actively support Commission approval of this Settlement. 2.9 This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 2.10 This Settlement shall become effective among the Settling Parties on the date the last party executes the Settlement as indicated below. 2.11 In witness thereof, intending to be legally bound, the Settling Parties hereto have duly executed this Settlement on behalf of the Settling Parties they represent.

Settlement Conditions. The This Streetlight Settlement resolves the issues raised by the Settling Parties agree to the following general conditions: 2.1 If approved, the Settlement resolves all pending issues among the parties in A.▇▇-▇▇-▇▇▇▇ on streetlight rate design, except those expressly noted in footnote 3 below.3subject to the conditions set forth below: 2.2 Because the Settling Parties crafted this 1. This Streetlight Settlement by agreeing to concessions and trade-offs among themselves, the various elements of this Settlement are intimately interrelated, and should not be altered as the Settlement is a package solution that strives to balance and align the interests of each party. The Settling Parties intend the Settlement to be interpreted and treated as a unified, integrated document. In the event the Commission rejects or modifies this Settlement, the Settling Parties reserve their rights under Rule 12. 2.3 This Settlement and its Attachment(s) embody embodies the entire understanding and agreement of the Settling Parties with respect to the matters addressed and described hereindescribed, and it supersedes prior oral or written agreements, principles, negotiations, statements, representations, or understandings among the Settling Parties with respect to those matters. This Streetlight Settlement builds on the underlying marginal cost and revenue allocation in the February 9 Settlement and incorporates that agreement by reference. 2.4 Following Rule 12.52. This Streetlight Settlement represents a compromise among the Settling Parties’ respective litigation positions, not agreement to or endorsement of disputed facts and law presented by the Settling Parties agree that in this proceeding. This Streetlight Settlement should does not constitute precedent regarding any principle or issue in this proceeding or in any future proceeding. 2.5 3. The Settling Parties agree that this Streetlight Settlement is reasonable in light of the whole record and all of the available information in this proceedingtestimony submitted, is consistent with California law, and is in the public interest. 2.6 4. The Settling Parties agree that no provision of this Streetlight Settlement shall be construed against any Settling Party because that Settling Party or its counsel or advocate drafted the provision. 2.7 5. This Streetlight Settlement may be amended or changed only by a written agreement signed by the Settling Parties. 2.8 6. The Settling Parties shall jointly request and actively support Commission approval of this SettlementStreetlight Settlement and shall actively support its prompt approval. Active support shall include written and oral testimony if testimony is required, briefing if briefing is required, comments and reply comments on the proposed decision, advocacy to Commissioners and their advisors as needed, and other appropriate means as needed to obtain the requested approval. 2.9 This document may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 2.10 This Settlement shall become effective among the 7. The Settling Parties on intend the date the last party executes the Streetlight Settlement as indicated below. 2.11 In witness thereof, intending to be legally boundinterpreted and treated as a unified, integrated agreement incorporating the February 9 Settlement, which forms the foundation for the streetlight rate design agreed to herein. In the event the Commission rejects or modifies this Streetlight Settlement or the underlying February 9 Settlement, the Settling Parties hereto have duly executed this Settlement on behalf of the Settling Parties they representreserve their rights under CPUC Rule 12.4.