CCP Section 384 Regarding Unpaid Residuals Is Not Applicable Clause Samples

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CCP Section 384 Regarding Unpaid Residuals Is Not Applicable. 81. The Parties agree that California Code of Civil Procedure Section 384 is not applicable to this Settlement. The Parties represent that the Maximum Settlement Amount is a settlement amount that takes into account the probability that some or many Class Members, for various reasons, will not file claims. No obligation to pay Class Members is created until a valid Claim Form is filed. There is thus no residue. Neither Party nor their counsel shall take, or cause any other person to take, a position before the Court that California Code of Civil Procedure Section 384 applies to this Settlement.

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