CERTIFICATION FOR SETTLEMENT ONLY Sample Clauses

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Ontario Action shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement and the approval of this Settlement Agreement by the Ontario Court. (2) The Plaintiffs agree that, in the motion for certification of the Ontario Action as a class proceeding for settlement purposes and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only class that they will assert is the Settlement Class. The Parties agree that the certification of the Ontario Action as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against any other Person or Party, except as expressly set out in this Settlement Agreement.

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court. (2) The Plaintiffs agree that, in the motion for certification of the Proceeding as a class proceeding for settlement purposes, the only common issue that they will seek to define is the Common Issue and the only class that they will assert is the Settlement Class. (3) The Parties agree that the certification of the Proceeding as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement.

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendant solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court. (2) The Plaintiff agrees that, in the motion for certification of the Proceeding as a class proceeding for settlement purposes and for the approval of this Settlement Agreement, the only common issue that it will seek to define is the Common Issue and the only class that it will assert is the Settlement Class. The Parties agree that the certification of the Proceeding as against the Settling Defendant for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiff as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement.

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Ontario Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court. (2) The Plaintiffs agree that, in the motion for certification of the Ontario Action as a class proceeding for settlement purposes and for the approval of this Settlement Agreement, the only common issue that they will seek to certify or authorize is the Common Issue and the only class that they will seek to certify or authorize are the Settlement Class.

CERTIFICATION FOR SETTLEMENT ONLY. The NSTAR Entities do not consent to certification of the Settlement Classes for any purpose other than to effectuate the settlement of the Action. If this Settlement Agreement is terminated pursuant to its terms, or the Settlement does not become final for any reason, the order certifying the Settlement Classes, and all preliminary and/or final findings regarding the Court’s provisional class certification order, shall be automatically vacated upon notice of same to the Court, and the Action shall proceed as though the Settlement Classes had never been certified and such findings had never been made, without prejudice to any party to either request or oppose class certification on any basis, including but not limited to lack of jurisdiction. In such event, the NSTAR Entities shall also be entitled to raise any jurisdictional or other challenges or defenses to the complaint or any claims for legal or equitable relief or damages of any kind, and Plaintiffs, Class Counsel and members of the Settlement Classes shall be barred and estopped from asserting that the NSTAR Entities’ conduct or actions in negotiating and proposing the Settlement through and including the termination of the Settlement constituted a waiver or other bar (including but not limited to laches) to the assertion of any such challenges or defenses.

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court. (2) The Plaintiffs agree that, in the motion for certification of the Proceeding as a class proceeding for settlement purposes and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only class that they will assert is the Settlement Class. (3) The Parties agree that the certification of the Proceeding as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement. (4) In the event that this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, any submission or attornment in connection with this Settlement Agreement by the Settling Defendants shall be deemed to have no effect, the Settling Defendants shall reserve all of their existing procedural, substantive and jurisdictional rights and defences, and this Settlement Agreement or any other settlement-related statement may not be cited in support of any argument as against the Releasees.

CERTIFICATION FOR SETTLEMENT ONLY. ‌ (1) The Parties agree that the Film Proceeding shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Film Proceedings and the approval of this national Settlement Agreement by the Courts, and such certification shall not be used or relied on as against the Settling Defendants for any other purpose or in any other proceeding. (2) Unless the Parties otherwise agree, in the motion for Notice of Certification and Settlement Approval Hearings, the only common issue that the Ontario and BC Plaintiffs will seek to define is the Common Issue and subject to the approval of the Courts the class that they will assert will be the Settlement Class. (3) The Parties agree that the certification of the Film Proceedings as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement.

CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Ontario Action and the BC Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Ontario Action and the BC Action and the approval of this Settlement Agreement by the Courts. (2) The Plaintiffs agree that, in the motions for certification of the Ontario Action and the BC Action as class proceedings for settlement purposes and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only classes that they will assert are the Settlement Classes. (3) The Parties agree that the certification of the Ontario Action and the BC Action as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement. (4) The Settling Defendants retain all of their objections, arguments, and defences with respect to class certification, and reserve all rights to contest class certification, if the settlement set forth in this Settlement Agreement does not receive the Courts’ approval, the Courts’ approval is reversed or vacated on appeal, this Settlement Agreement is terminated as provided herein, or the settlement set forth in this Settlement Agreement otherwise fails to take effect. The Parties acknowledge that there has been no stipulation to any classes or certification of any classes for any purpose other than effectuating the settlement, and that if the settlement set forth in this Settlement Agreement does not receive the Courts’ final approval, the Courts’ approval is reversed or vacated on appeal, this Settlement Agreement is terminated as provided herein, or the settlement set forth in this Settlement Agreement otherwise fails to take effect, this agreement as to certification of the settlement classes becomes null and void ab initio, and this Settlement Agreement or any other settlement-related statement may not be cited regarding certification of the settlement class, or in support of an argument for certifying a class for any purpose related to the Proceedings.

CERTIFICATION FOR SETTLEMENT ONLY