Notwithstanding the filing of this charge, the government agrees to "defer" its prosecution of the charge through pre-trial and trial proceedings if the defendant adheres to various obligations outlined in the DPA.
In the corporate context, DPAs contain provisions whereby a defendant agrees to perform various kinds of actions, grouped in the following categories:
VNU has agreed to reimburse IMS $15 million of costs related to the failed purchase and an additional $45 million to IMS if VNU agrees to
be acquired over the next 12 months.
* If a diocese agrees to
permit the blessing of same-sex relationships, the synod should allow for a conscience clause and should consider shared episcopal ministry.
It is now well-settled that when an individual employee agrees to
submit all employment-related disputes to arbitration, the Federal Arbitration Act mandates that the agreement stands "on the same footing as other contracts" and is enforceable with respect to statutory discrimination claims.
The counselor agrees to
keep the identity of the student confidential, if possible, and informs the student he will report the information, the history teacher's name, and the four students' names to the principal.
Furthermore, the parties agree that if an unanticipated need arises (such as, but not limited to, an audit by a taxing agency, or any other exogenous service not anticipated in this agreement by the parties) that ABC hereby agrees to
perform this additional work at a mutually agreed upon price before the service is provided.
A taxpayer's participation in the program is voluntary and, to the extent the taxpayer agrees to
the program, 50% of the interest and all penalties are waived.
Under this approach, a taxpayer is not required to change its accounting method, but agrees to
pay the government a "specified amount" that approximates the time-value-of money benefit the taxpayer derives from using this accounting method.
* Example: Taxpayer agrees to provide the IRS with the use of a computer and software so the computer audit specialist can obtain data comparable with Taxpayer's system.
Taxpayer agrees to institute new procedures to improve compliance in 1995, since the 1993 and 1994 returns have already been filed.
(1) If concerned about the optimal use of scarce resources, the IRS might consider limiting the expansion of the procedure to non-CEP cases only where the taxpayer agrees to
use a mediator from Appeals (thereby avoiding the cost of an outside mediator) or agrees to
bear the full cost of an outside mediator.
There are different dual-use categories and rates, depending at which temperature the customer agrees to
Thus, by way of example, if a note were to specify that the "borrower agrees to
pay interest [at a specified rate] on the unpaid principal amount until such amount shall become due and payable (whether at stated maturity, by acceleration or otherwise) and thereafter [at a specified default rate] until paid in full", it would be clear that post-maturity (and post-default) interest was intended.
As an alternative, such broker could also enter into an agreement with his customer that either the customer will not enter into a bartering agreement with a tenant unless such tenant agrees to
pay a commission to the broker or the customer will pay the commission to the broker if the tenant will not.