Common use of Settlement Conditions Clause in Contracts

Settlement Conditions. 2.1. This Settlement Agreement shall not be deemed in any respect to constitute an admission by any party that any allegation or contention in this proceeding is true or false. 2.2. The making of this Settlement Agreement establishes no principles and shall not be deemed to foreclose any party from making any contention in any future proceeding or investigation, except as to those issues and proceedings that are stated in this Settlement Agreement as being specifically resolved by approval of this Settlement Agreement. 2.3. This Settlement Agreement is the product of settlement negotiations. The Settling Parties agree that the content of these negotiations (including any workpapers or documents produced in connection with the negotiations) are confidential, that all offers of settlement are without prejudice to the position of any party or participant presenting such offer or participating in such discussion, and, except to enforce rights related to this Settlement Agreement or defend against claims made under this Settlement Agreement, that they will not use the content of said negotiations in any manner in this or other proceedings involving one or more of the parties to this Settlement Agreement, or otherwise. 2.4. The Settling Parties intend that the Company’s customers and shareholders receive the full value of the settled matters, and not some substitute regulatory treatment of lesser value either now or in the future and agree that no terms of this Settlement Agreement will be used or interpreted to diminish, in any way, the intended customer or shareholder benefit related to this Settlement Agreement. 2.5. The provisions of this Settlement Agreement are not severable. This Settlement Agreement is conditioned on its approval in full by the Department. This Settlement Agreement is also contingent upon the provision of accurate and truthful information by the Company during the settlement negotiation process. 2.6. If the Department does not approve this Settlement Agreement in its entirety by August 1, 2024, the Settlement Agreement shall be deemed to be withdrawn and shall not constitute a part of the record in this or any other proceeding or used for any other purpose. 2.7. To the extent permitted by law, the Department shall have its usual jurisdiction to implement the terms of this Settlement Agreement. Nothing in this Settlement Agreement, however, shall be construed to prevent or delay the Attorney General from pursuing any cause of action related to this Settlement Agreement in court under ▇.▇. ▇. 93A or otherwise. 2.8. Under no circumstances shall: (1) any charge under this Settlement Agreement or tariffs promulgated hereunder recover costs that are collected by the Company more than once, or through some other rate, charge, or tariff; or (2) any charge recover costs more than once in any other rate, charge, or tariff collected by the Company, it being acknowledged by the Settling Parties that such collection(s) described in this article unless fully refunded with interest, as soon as reasonably possible, shall constitute a breach of this Settlement Agreement when discovered and generally known, and be deemed to violate the involved tariffs. 2.9. Notwithstanding any provision in this Settlement Agreement to the contrary, no part of this Settlement Agreement shall be interpreted to interfere with the Attorney General’s rights to petition the Department under ▇.▇. ▇. 164, § 93, or otherwise under law or regulation, for a review of the Company or any reason. 2.10. The terms of this Settlement Agreement shall be governed by Massachusetts law and not the law of some other state. This Settlement Agreement shall be effective upon approval by the Department, regardless of any pending appeals or motions for reconsideration, clarification, or recalculation. 2.11. The signatories listed below represent that they are authorized on behalf of their principals to enter into this Settlement Agreement. 2.12. This Settlement Agreement may be signed in counterparts each of which shall be deemed an original and all of which together shall constitute one in the same document.

Settlement Conditions. 2.1A. This Settlement Agreement is the result of negotiations among the Settling Parties. This The discussions that have produced this Settlement Agreement have been conducted on the explicit understanding that all offers of settlement and discussions relating hereto are and shall be privileged, shall be without prejudice to the position of any party or participant presenting such offer or participating in any such discussion, and are not to be used in any manner in connection with these or other proceedings involving any one or more of the parties to this Settlement Agreement or otherwise. The agreement by a party to the terms of this Settlement Agreement shall not be deemed in construed as an agreement as to any respect to constitute an admission by matter of fact or law for any party that any allegation or contention in this proceeding is true or falseother purpose. 2.2. The B. Unless expressly stated herein, the making of this Settlement Agreement establishes no principles and shall not be deemed to foreclose any party Settling Party from making any contention in any future other proceeding or investigation. C. The Settling Parties submit this Settlement Agreement on the condition that it be approved in full by the PUC and on the further condition that, except as if the PUC (i) rejects this Settlement Agreement; (ii) fails to those issues and proceedings that are stated in accept this Settlement Agreement as being specifically resolved by approval of this Settlement Agreement. 2.3. This Settlement Agreement is the product of settlement negotiations. The Settling Parties agree that the content of these negotiations filed; or (including any workpapers or documents produced in connection with the negotiationsiii) are confidential, that all offers of settlement are without prejudice to the position of any party or participant presenting such offer or participating in such discussion, and, except to enforce rights related to accepts this Settlement Agreement or defend against claims made under subject to conditions unacceptable to any Settling Party hereto, then this Settlement Agreement, that they will not use the content of said negotiations in any manner in this or other proceedings involving one or more of the parties to this Settlement Agreement, or otherwise. 2.4. The Settling Parties intend that the Company’s customers and shareholders receive the full value of the settled matters, and not some substitute regulatory treatment of lesser value either now or in the future and agree that no terms of this Settlement Agreement will be used or interpreted to diminish, in any way, the intended customer or shareholder benefit related to this Settlement Agreement. 2.5. The provisions of this Settlement Agreement are not severable. This Settlement Agreement is conditioned on its approval in full by the Department. This Settlement Agreement is also contingent upon the provision of accurate and truthful information by the Company during the settlement negotiation process. 2.6. If the Department does not approve this Settlement Agreement in its entirety by August 1, 2024, the Settlement Agreement shall be deemed to be withdrawn and withdrawn, shall not constitute a part of the record in this or any other proceeding or be used for any other purpose. 2.7. To the extent permitted by law, the Department shall have its usual jurisdiction to implement the terms of this Settlement Agreement. Nothing in this Settlement Agreement, however, and shall be construed to prevent or delay the Attorney General from pursuing any cause of action related to this Settlement Agreement in court under ▇.▇. ▇. 93A or otherwise. 2.8. Under no circumstances shall: (1) any charge under this Settlement Agreement or tariffs promulgated hereunder recover costs that are collected by the Company more than oncedeemed null and void, or through some other rate, charge, or tariff; or (2) any charge recover costs more than once in any other rate, charge, or tariff collected by the Company, it being acknowledged by and the Settling Parties will be free to pursue their respective positions in these proceedings without prejudice. D. The Settling Parties recognize that such collection(s) described in this article unless fully refunded with interest, as soon as reasonably possible, shall constitute a breach of this Settlement Agreement when discovered the PUC has an ongoing obligation to modify rates to protect the public against improper and generally knownunreasonable rates, and that obligation cannot be deemed to violate the involved tariffsprecluded by a settlement agreement. 2.9. Notwithstanding any provision in this Settlement Agreement to the contrary, no part of this Settlement Agreement shall be interpreted to interfere with the Attorney General’s rights to petition the Department under ▇.▇. ▇. 164, § 93, or otherwise under law or regulation, for a review of the Company or any reason. 2.10. The terms of this Settlement Agreement shall be governed by Massachusetts law and not the law of some other state. This Settlement Agreement shall be effective upon approval by the Department, regardless of any pending appeals or motions for reconsideration, clarification, or recalculation. 2.11. The signatories listed below represent that they are authorized on behalf of their principals to enter into this Settlement Agreement. 2.12. E. This Settlement Agreement may be signed in counterparts counterparts, each of which shall be deemed an original and all of which together shall constitute one in the same document, and will be binding on each Settling Party when the counterparts have been executed.