contract settlement means the termination ( direct or indirect, in one transaction or a series of transactions ), for which the Company or any of its Restricted Subsidiaries receives any cash consideration, of any agreement under which the Company or any of its Restricted Subsidiaries is to sell coal.
What is a contract settlement agreement?
First, the basics. A settlement agreement is a legally binding contract, usually between an employer and employee. In this contract, the employee often waives the right to bring a financial claim against the employer in return for financial payment. Settlement agreements are voluntary and are usually reached through a process of negotiation.
How to draft a settlement agreement?
Part 3 Part 3 of 4: Writing the Settlement Agreement Download Article
- Title the document. Begin your settlement agreement by titling the document in a way that informs the reader about what the agreement is.
- Identify the parties. You should write a paragraph that introduces the parties to the agreement (who is involved in it) and defines their roles.
- Provide a description of the dispute. ...
What happens in a breach of settlement contract?
A breach is when either party refuses to adhere to the agreed terms and conditions outlined in the settlement contract. In brief, a party that breaches a settlement agreement will risk being forced to complete the agreement and paying the legal costs of the party seeking to enforce the agreement.
How to write a settlement agreement letter?
Settlement Agreement Letter Writing Tips
- The letter should specify the important details.
- The letter should also specify how the settlement can be tackled.
- The letter should specify the amount.
- The letter should be clear and simple.
- The letter should express the terms & conditions from the standpoint of both the parties.
What does settle the contract mean?
1. An agreement that ends a dispute and results in the voluntary dismissal of any related litigation. Regardless of the exact terms, parties often choose to keep their settlement agreements private.
What does it means by settlement?
1 : a formal agreement that ends an argument or dispute. 2 : final payment (as of a bill) 3 : the act or fact of establishing colonies the settlement of New England. 4 : a place or region newly settled. 5 : a small village.
What is settlement answer in short?
Settlements are places where people build their homes.
What is the meaning of settlement in business?
Settlement is the "final step in the transfer of ownership involving the physical exchange of securities or payment". After settlement, the obligations of all the parties have been discharged and the transaction is considered complete.
What is settlement and example?
The definition of a settlement is an agreement that resolves a dispute, an agreement officially transferring real estate to a new party, or people making a home in a new place where no one has lived before. An example of a settlement is when divorcing parties agree on how to split up their assets.
What are 4 types of settlement?
The four main types of settlements are urban, rural, compact, and dispersed.
What are the types of settlement Class 7?
Types of SettlementTemporary Settlement: Settlements that are occupied for a short time are temporary settlements. ... Permanent Settlement: In these settlements people build homes to live in. ... Rural Settlement: These comprise of the villages where the people are engaged in agriculture and allied activities.More items...
What are the three types of settlement?
Settlement Types There are generally three types of settlements: compact, semi-compact, and dispersed. Each is based on its population density.
What are the 2 types of settlement?
Settlement is a place where people live and carry out various economic activities on a relatively permanent basis. It can be divided into two types: rural settlement and urban settlement. The two types of settlement are differentiated by their size, density of population and employment pattern.
What does settlement mean in accounting?
An account settlement generally refers to the payment of an outstanding balance that brings the account balance to zero. It can also refer to the completion of an offset process between two or more parties in an agreement, whether a positive balance remains in any of the accounts.
What is the synonym of settlement?
Our objective must be to secure a peace settlement. Synonyms. agreement. a new defence agreement. arrangement.
What does settlement mean when buying a house?
What is settlement? Property settlement is a legal process that is facilitated by your legal and financial representatives and those of the seller. It's when ownership passes from the seller to you, and you pay the balance of the sale price. The seller sets the settlement date in the contract of sale.
What are the two types of settlement?
Human settlements can broadly be divided into two types – rural and urban.
What is a settlement on a loan?
Settling a debt means you have negotiated with the lender and they have agreed to accept less than the full amount owed as final payment on the account. The account will be reported to the credit bureaus as "settled" or "account paid in full for less than the full balance."
What is the meaning of settlement of land?
Definition of land settlement India. : the act of arranging the terms and incidence of the land tax in specific areas.
Examples of Settlement Contract in a sentence
The terms and conditions of each renewal shall be agreed upon not later 6 than 1 year prior to the expiration of the then existing Settlement Contract.
More Definitions of Settlement Contract
Settlement Contract means an agreement between a policyowner and another person establishing the terms under which compensation or anything of value will be paid or which compensation or value is less than the expected death benefit of the insurance policy, in return for the owner 's assignment, transfer, sale, devise, or bequest of the death benefit or ownership of any portion of the policy.
Related to Settlement Contract
Procurement Contract or “Contract” means any written agreement of the Authority for the acquisition of goods or services of any kind in the actual or estimated amount of $15,000, or more.
What is a Settlement Agreement?
A settlement agreement is a legally binding contract that outlines the resolution to a dispute. After negotiations but prior to a final judgement, parties can come to a mutual agreement to an outcome for the case and enter a legally binding settlement agreement.
What happens during a settlement agreement?
During negotiations, the parties will lay out their terms and goals for the agreement and go back and forth until every issue in the case is settled. After the parties have agreed on all terms and it is ensured that all legal requirements of the settlement agreement are fulfilled, a judge must approve and sign off on the agreement.
Why do people settle their divorce?
A couple going through a divorce may find a settlement agreement beneficial to save money on legal fees and to keep their dispute as civil as possible . Depending on which state you reside in, marital settlement agreements are referred to by many different names.
Why are settlement agreements important?
These agreements not only keep disputes out of court, but they also save parties from having to pay expensive legal fees for continued litigation and trial. There are certain legal requirements to which a settlement agreement must adhere to be valid and legally binding.
Why do you need a lawyer for a settlement agreement?
It is always best to have a dispute lawyer assist in the settlement agreement process to ensure the document is both fair and legal. Settlement agreements must adhere to certain legal requirements to be legally enforceable. In addition to the agreement being in writing, it must also include: An offer by one party.
What happens if one party violates a divorce agreement?
This makes the agreement a binding court order and if either party violates it, they can be held in contempt of court. Often in a divorce case, one party will draft a settlement agreement to propose to the other party. It is important to remember that it is just a proposal, and you are not obligated to agree to all the terms and sign it.
Why is it important to settle a dispute outside of court?
Because a lawsuit can negatively impact a business in many ways, it is always recommended that a business attempt to settle a dispute outside of court. This protects a business from possible bankruptcy, scandal, and exposing trade secrets.
When should you use a contract settlement?
You should consider settlement through a contract settlement when you and the taxpayer are in agreement over the amounts of tax, interest, penalties or any other liabilities that are to be included in the contract. You should use a contract settlement when it is the most administratively convenient method of settlement.
What is the effect of settling an enquiry by contract settlement?
When we make a contract settlement, HMRC gives up its right to proceed formally for the tax, interest, penalties, in exchange for the taxpayer’s money.
What happens when a contract is accepted?
Once a contract offer has been accepted, it has the same effect as the issue of a closure notice. The year (s) included in the contract become final, and you will not be able to make any further enquiries into those years, see EM1530, unless you consider that the conditions for making a discovery assessment are satisfied, see EM3200 +.
Can HMRC use a simple contract?
For the avoidance of doubt, where possible, HMRC will use a simple contract rather than a Deed, but reserves the right to use a Deed when this is more appropriate.
Can you include a settlement amount in a contract settlement?
Where you cannot take formal action, for example because we are outside of the assessing time limits, you cannot include amounts that cannot be assessed formally in a contract settlement unless the taxpayer agrees that these should be included on the basis of voluntary restitution.
Can HMRC settle a liability?
HMRC only ever enter into written contract settlements with taxpayers. You must not under any circumstances enter in to a verbal contract to settle a taxpayer’s liability. exchanging a signed letter of offer and a letter of acceptance to form what is often referred to as a ‘simple contract’, or.
What is the Purpose of a Settlement Agreement?
With this type of agreement, one party must complete an action or pay a certain amount in exchange for the other party’s promise to stop legal proceedings. Here are some situations in which a settlement agreement can apply:
How are Settlement Agreements Enforced?
The courts have the authority to enforce settlement agreements between the parties in the case. A settlement agreement once signed by the relevant parties it is a legally binding contract if all the terms are deemed valid. But it is important to note that courts do not have inherent power to enforce settlement agreements after a case has been dismissed.
Why is it important to follow the state guidelines in a settlement agreement?
If you are spending all that time drafting a settlement agreement it is important to follow the necessary state guidelines to ensure that it is enforceable under the state law. Failure to do so can create liability for you and the other party.
How to settle a dispute without going to court?
If you are contemplating a way to settle your dispute without having to go to court, drafting a settlement agreement may be one of your legal options. With this type of agreement, one party must complete an action or pay a certain amount in exchange for the other party’s promise to stop legal proceedings. Here are some situations in which a settlement agreement can apply: 1 Any property damage claim; 2 Employment disputes; 3 Marital issues and; 4 Medical malpractice.
What happens to a settlement agreement if litigation is ongoing?
If litigation is ongoing, the agreement must admit a clause dismissing the specific pending lawsuit.The settlement agreement should have a space for each party’s signature and the date. Once both parties have come to an agreement on a draft settlement, you can opt to submit it to the court for approval.
What is a mediator in a settlement?
A mediator is useful to agree on a factual account of the situation if necessary.
What is an offer?
An offer, which is what one party promises to complete; The acceptance of the terms of the offer by the other party; There needs to be valid consideration on both sides, which can be any tangible item of value or intangible benefit as long as it is reasonable and offered without any coercion;
Examples of settlement in a Sentence
I got the house in the divorce settlement. The parties have not been able to reach a settlement in the case.
Legal Definition of settlement
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Who Helps With Settlement And Release Agreements?
Lawyers with backgrounds working on settlement and release agreements work with clients to help. Do you need help with an settlement and release agreement?
When was the Xenacare settlement agreement signed?
This Settlement and Release Agreement (the “Agreement”) is entered into this 5th day of November 2008 by and between Xenacare Holdings, Inc., (“XCH” or “Debtor”) and MOMEMTUM MARKETING, INC., a creditor of the Company (Creditor”).
What fees are prevailing parties entitled to?
Should it become necessary for any party to institute legal action, whether at law or in equity, to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorney’s fees, including but not limited to, fees for collection, mediation, arbitrations, trials, appeals, bankruptcy or any other legal proceedings.
Is the recital in this agreement true?
The Recitals in this Agreement are true and correct.
Who has sought the assistance of competent legal and other professional advice before executing this Agreement?
Every party has sought the assistance of competent legal and other professional advice before executing this Agreement and agrees to be bound by the terms set forth in this Agreement.
Is this agreement and any related instrument construed more strictly against any party?
This Agreement and any related instrument shall not be construed more strictly against any party regardless of who was more responsible for its preparation, and being recognized that this Agreement and any related instrument are the product of extensive negotiations between the parties hereto and that all of the parties have contributed substantially and materially to the final preparation of this Agreement and other related instruments.
What is a breach of contract in a settlement agreement?
Settlement agreement breach of contract is a term used when one of the parties entering into a settlement agreement violates the terms of that agreement. A settlement agreement is a contract that binds two parties together to perform obligations or refrain from actions or activities as part of a settlement of one of the party's claims.
How to enforce a settlement agreement?
To make sure that the settlement agreement is legally enforceable, there are a number of legal requirements. The employee must have received legal advice on what the terms and effect of the settlement agreement are. This legal counsel must be independent and not employed by the company. This is to ensure that the employee understands everything they are agreeing to before they decide to waive their rights. The employee can receive legal advice from: 1 A qualified lawyer. 2 A certified and authorized official or employee of a trade union. 3 A certified worker at an employee advice center.
What Are the Requirements for Entering Into a Settlement Agreement?
To make sure that the settlement agreement is legally enforceable, there are a number of legal requirements . The employee must have received legal advice on what the terms and effect of the settlement agreement are. This legal counsel must be independent and not employed by the company. This is to ensure that the employee understands everything they are agreeing to before they decide to waive their rights. The employee can receive legal advice from:
Who Pays for the Legal Advice?
While there are no set requirements for this process, often employers will pay a portion of the legal fees for advice regarding a settlement agreement.
Why do you have to sign a settlement agreement?
It is necessary for the employee to sign a settlement agreement in order to waive their statutory rights, otherwise, any document they sign concerning this waiver would be considered unenforceable in court.
What is a breach of contract?
A breach of contract can occur when one of the parties bound by the contract violates one or more of their obligations or requirements that had been laid out in the contract. When a breach of contract occurs, there is often some harm that is created for the non-breaching party by the failure to perform the actions or obligations.
Can a settlement agreement be breached?
While settlement agreements can be considered a typical part of the business for many companies, there are occurrences where one party does not abide by the terms of the settlement agreement which results in a breach. In the event that there is a breach of a settlement agreement the offended party can:
What is settlement in real estate?
The settlement is the final stage in the home transaction. This is when the ownership of the property will be transferred from the seller to the buyer. The funds will be distributed in the form of a check to the sellers, the real estate agents that were involved in the sale will receive a check for the commissions that they earned, ...
How many times do you sign a settlement?
The escrow company will have the documents ready; they will just need to be signed. Buyers will sign their names anywhere from 10 to 30 times during this process. There are many important things that happen on the day of the settlement.
