Certification for Settlement Purposes Only Clause Samples
The 'Certification for Settlement Purposes Only' clause establishes that a class or group is certified solely to facilitate a settlement, rather than for litigation or trial. In practice, this means that the court's approval of the class status is contingent on the parties reaching a settlement agreement, and if the settlement falls through, the certification does not carry over to further proceedings. This clause ensures that the procedural benefits of class certification are available to resolve disputes efficiently, while preventing parties from using the settlement certification as precedent in future litigation, thereby managing risk and maintaining fairness for all involved.
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Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, and the prior certified class definition of June 5, 2023 (ECF No. 92) will control.
Certification for Settlement Purposes Only. Plaintiff’s motion for class certification shall be only for the limited purpose of effectuating this Agreement. Defendant shall not take any position with respect to Plaintiff’s request for certification of the Settlement Class, provided that it is consistent with this Agreement, but reserves all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes 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. 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 any Person or party other than the Releasees.
Certification for Settlement Purposes 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 Parties agree that the motion to approve the notice in the Quebec Action will provide for the modification of the authorized Settlement Class and Common Issue to reflect the definitions of Settlement Class and Common Issue for the Quebec Action in Schedule A.
(3) The Plaintiffs agree that, in the motions for certification of the Ontario Action as a class proceeding for settlement purposes, for an order approving notice and modifying the authorized Settlement Class and Common Issue in the Quebec Action, 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. The Parties agree that the certification of the Ontario Action and amendment of the Settlement Class and Common Issue in the Quebec 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.
(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 Purposes Only. The Settling Parties agree that any certification of the Class will be for settlement purposes only. The Settling Parties do not waive or concede any position or arguments they have for or against certification of any class for any other purpose in any action or proceeding, and the Settling Parties retain full right and ability to contest any such class certification.
Certification for Settlement Purposes 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 Ontario Court.
(2) The Plaintiffs agree that, in the motions for certification of the Proceeding as a class proceeding for settlement purposes and for the approval of this Settlement Agreement, the only common issues that they will seek to define are the Common Issues and the only class that they will assert is the Settlement Class.
Certification for Settlement Purposes Only. (1) The Parties agree that the Proceedings shall be certified as class proceedings as against the Settling Defendant solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts.
Certification for Settlement Purposes Only. Nothing in this Settlement Agreement shall be construed as an admission by Defendants that this Litigation or any similar case is amenable to class certification for trial purposes or prevent Defendants from exercising its right(s) to terminate this Settlement Agreement in accordance with Section 7. Plaintiffs and their counsel acknowledge and attest that they are not presently aware of anyone other than the Named Plaintiffs who has brought a pending lawsuit asserting a claim related to the continuing lien against any of the Released Parties. Plaintiffs and their counsel further acknowledge and attest that they are not presently aware of anyone who has stated their intention to opt out of the Settlement Class or to file a lawsuit that would be barred by the res judicata effect of this Settlement.
Certification for Settlement Purposes Only. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action and only if the Judgment contemplated by this Settlement Agreement becomes final and the Effective Date occurs. Nothing in this Settlement Agreement shall serve in any fashion, either directly or indirectly, as evidence of or support for certification of a class, in this Action or any other action, other than for settlement purposes, and the Parties intend that the provisions herein concerning certification of the Settlement Class and Settlement Sub-Classes shall have no effect whatsoever in the event that the Settlement does not become final. Each County expressly reserves the right to contest class certification in the event the Settlement is terminated as to that County, or the Effective Date does not occur as to that County for any other reason.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Classes only for the limited purpose of effectuating this Agreement. Defendants reserve all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.