The Settling Parties. (a) acknowledge that it is their intent to consummate this Settlement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of the Stipulation and to exercise their best efforts to accomplish the foregoing terms and conditions of the Stipulation expeditiously.
The Settling Parties. (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Settlement Agreement, and any applicable requirements under the Class Action Fairness Act of 2005, and to exercise their best efforts to accomplish the terms and conditions of this Settlement Agreement.
The Settling Parties. (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Stipulation and to exercise their best efforts to accomplish the foregoing terms and conditions of this Stipulation.
The Settling Parties. (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Settlement Agreement, and any applicable requirements under the Class Action Fairness Act of 2005, and to exercise their best efforts to accomplish the terms and conditions of this Settlement Agreement. 10.2 The parties intend this settlement to be a final and complete resolution of all disputes between them with respect to the Litigation. The settlement compromises claims which are contested and shall not be deemed an admission by any Settling Party as to the merits of any claim or defense. The Settling Parties each agree that the settlement was negotiated in good faith by the Settling Parties, and reflects a settlement that was reached voluntarily after consultation with competent legal counsel. The Settling Parties reserve their right to rebut, in a manner that such party determines to be appropriate, any contention made in any public forum that the Litigation was brought or defended in bad faith or without a reasonable basis. 10.3 Neither the Settlement Agreement nor the settlement contained therein, nor any act performed or document executed pursuant to or in furtherance of the Settlement Agreement or the settlement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity or lack thereof of any Released Claim, or of any wrongdoing or liability of any of the Released Persons; or (b) is or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of any of the Released Persons, in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal. Any of the Released Persons may file the Settlement Agreement and/or the Judgment in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. 10.4 Representative Plaintiffs shall be entitled to reasonable confirmatory discovery from TJX to be conducted by Settlement Class Co-Lead Counsel. The period for confirmatory discovery shall begin as of the date of this Settlement Agreement (i.e., the Amended Settlement Agreement) and shall last for a period until November 30, 2007...
The Settling Parties. Each Settling Party represents and warrants as of the Effective Date that: (a) such Settling Party has all requisite corporate power and authority to execute, deliver, and perform this Settlement Agreement; (b) the execution, delivery, and performance of this Settlement Agreement by such Settling Party has been duly authorized by all necessary corporate action; (c) this Settlement Agreement has been duly and validly executed and delivered by such Settling Party; (d) this Settlement Agreement constitutes a legal, valid, and binding obligation of such Settling Party; and (e) such Settling Party has consulted with its insurer(s) on which it is relying to make the Settlement Payment(s) on its behalf required by this Settlement Agreement and represents that such insurer(s) have advised such Settling Party that they will make the Settlement Payment(s) required by this Settlement Agreement.
The Settling Parties. (i) acknowledge that it is their intent to consummate this Settlement Agreement; and (ii) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Settlement Agreement and to exercise their reasonable efforts to accomplish the foregoing terms and conditions of this Settlement Agreement, and to obtain dismissal with prejudice of the Litigation. Plaintiffs shall dismiss the Litigation within five court days of the Effective Date.
The Settling Parties. 1.1 Key Sciences LLC (“Key Sciences”) and Ella’s Kitchen, Inc. (“Ella’s”) (Key Sciences and Ella’s are collectively referred to as the “Parties” and each individually as a “Party”) enter into this agreement (“Settlement Agreement”) for the purpose of avoiding prolonged and costly litigation to settle Key Sciences’ allegations that Ella’s violated the California Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code § 25249.5, et seq. (“Proposition 65”).
The Settling Parties. (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Settlement Agreement, and any applicable requirements under the Class Action Fairness Act of 2005, and to exercise their best efforts to accomplish the terms and conditions of this Settlement Agreement. ComplyRight shall comply with the obligation to give notice under CAFA, 28 U.S.C. § 1715, in connection with the proposed settlement. No later than ten (10) calendar days before the Final Fairness Hearing, counsel for ComplyRight shall file with the Court a declaration(s) stating that ComplyRight complied with the notice obligations under 28 U.S.C. § 1715. All Exhibits hereto shall be mutually agreed upon by the Settling Parties, subsequent to the execution hereof, and, upon such mutual agreement, shall be deemed to be the Exhibits referenced herein as attached hereto.
The Settling Parties. (a) acknowledge that it is their intent to consummate this agreement; and (b) agree to cooperate to the extent reasonably necessary to effectuate and implement all terms and conditions of this Settlement Agreement, and any applicable requirements under the Class Action Fairness Act of 2005, and to exercise their best efforts to accomplish the terms and conditions of this Settlement Agreement. IHG shall comply with the obligation to give notice under CAFA, 28 U.S.C. § 1715, in connection with the proposed settlement. No later than ten (10) calendar days before the Final Fairness Hearing, counsel for IHG shall file with the Court a declaration(s) stating that IHG complied with the notice obligations under 28 U.S.C. § 1715.
The Settling Parties. The Parties to the Settlement are as follows: • Pacific Gas and Electric Company (PG&E) • Comverge, Inc. (Comverge) • EnergyHub, Inc. (EnergyHub) • OhmConnect, Inc. (OhmConnect) Comverge, EnergyHub, and OhmConnect are demand response providers (DRPs) that concentrate on providing services to residential customers, and possibly small commercial customers.
