Common use of CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS Clause in Contracts

CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 1. Solely for the purposes of settlement, providing Class Notice, and implementing this Amended Agreement, the Parties agree to conditional certification of the following Settlement Class, which shall be certified for settlement purposes only: • All Attorneys and Insurance Companies, pursuant to written authorization, or Patients who on one or more occasions during the Class Period, sought, in writing, copies of a patient’s medical records from a West Virginia Medical Provider, and had their ROI Request processed and billed by any of the Defendants, and who subsequently: (1) paid any Defendant for copies of patient medical records and were not reimbursed for same, or (2) reimbursed their legal representative for the costs advanced on their behalf to obtain copies of medical records, excluding (i) Counsel for the Parties, including their respective law firms during the Class Period, (ii) any and all Persons that paid for the requested copies of medical records pursuant to a specific pricing agreement or a “reduced or negotiated rate,” as defined in Section II(c) of the Memorandum of Law in Support of the Parties’ Amended Joint Motion for Preliminary Approval of Settlement and Certification of a Settlement Class, and (iii) those persons who validly and timely elect to opt out or otherwise exclude themselves from the Settlement Class. 2. Solely for the purposes of settlement, providing Class Notice, and implementing this Amended Agreement, the Parties agree to conditional certification of Settlement Class Subclasses 1 through 4, as defined below, which shall be certified for settlement purposes only. 3. If the Court does not approve the settlement, certification of the Settlement Class and Settlement Subclasses will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in the Action. The Parties will be returned to their positions status quo ante with respect to the Action as if the settlement had not been entered into, with the Parties agreeing to refrain from opposing any resultant and reasonable application to further extend the discovery period.

CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 15.1. Solely for the purposes of settlement, providing Class Notice, this settlement and implementing this Amended Agreementthe proceedings contemplated herein, the Parties stipulate and agree to conditional certification of the following that a Settlement Class, which Class shall be certified in accordance with the definition of “Settlement Class Members” contained in Section 2.32 of this Agreement, that the Representative Plaintiff shall represent the Settlement Class Members for settlement purposes only: • All Attorneys and Insurance Companies, pursuant to written authorization, or Patients who on one or more occasions during the Class Period, sought, in writing, copies of a patient’s medical records from a West Virginia Medical Providerpurposes, and had their ROI Request processed and billed by any of that Plaintiff’s Counsel shall be appointed as the Defendants, and who subsequently: (1) paid any Defendant for copies of patient medical records and were not reimbursed for same, or (2) reimbursed their legal representative attorneys for the costs advanced on their behalf to obtain copies of medical records, excluding (i) Counsel for Settlement Class Members. 5.2. Along with the Parties, including their respective law firms during the Class Period, (ii) any and all Persons that paid for the requested copies of medical records pursuant to a specific pricing agreement or a “reduced or negotiated rate,” as defined in Section II(c) of the Memorandum of Law in Support of the Parties’ Amended Joint Motion application for Preliminary Approval of this settlement and this Agreement, the Representative Plaintiff shall apply to the Court for entry of an order conditionally certifying the Settlement Class in accordance with the definition set forth in Section 2.32 of this Agreement, determining that the Representative Plaintiff adequately represents the Settlement Class Members and Certification shall be their class representative, and appointing Plaintiff’s Counsel as Settlement Class counsel, all for purposes of a settlement only. Defendant will support Representative Plaintiff’s application. 5.3. The certification of said Settlement Class, and (iii) those persons who validly and timely elect the appointment of the Representative Plaintiff to opt out or otherwise exclude themselves from the Settlement Class. 2. Solely for the purposes of settlement, providing Class Notice, and implementing this Amended Agreement, the Parties agree to conditional certification of Settlement Class Subclasses 1 through 4, act as defined below, which shall be certified for settlement purposes only. 3. If the Court does not approve the settlement, certification of the Settlement Class and Settlement Subclasses will be voidrepresentative, and no doctrine the appointment of waiver, estoppel, or preclusion will Plaintiff’s Counsel to act as Settlement Class counsel shall be asserted in any litigated certification proceedings in the Action. The Parties will be returned to their positions status quo ante binding only with respect to this settlement and this Agreement. In the Action event that Final Approval does not occur for any reason, the Order Conditionally Certifying a Plaintiff Settlement Class, this Agreement, and all the provisions of the Order and this Agreement, shall be vacated by their own terms, and the Litigation shall revert to its status with respect to class certification as existed prior to the date of this Agreement. 5.4. In the event that the Court fails to enter the Preliminary Approval order or fails to grant Final Approval (or enters any order that increases the cost or burden to Defendant beyond what is set forth in this Agreement), Plaintiff’s Counsel and Defendant’s Counsel shall endeavor, consistent with this Agreement, to resolve any issues identified by the Court; provided, however, that Defendant shall have the right in its sole discretion at any time to notify the Plaintiff’s Counsel of its election to terminate this Agreement if such resolution involves any unreasonable increase in the cost (including, but not limited to, administration costs) or burden of the Agreement to Defendant. 5.5. In the event that this Agreement and the settlement had proposed herein are not been entered intofinally approved, with or are terminated, cancelled, or fail to become effective for any reason whatsoever, this class certification, to which the Parties agreeing parties have stipulated solely for the purpose of the settlement of the Litigation, shall be null and void and the parties will revert to refrain from opposing their respective positions immediately prior to the execution of this Agreement. Under no circumstances may this Agreement or any resultant and reasonable application to further extend document filed or created in connection therewith be used as an admission or as evidence concerning the discovery periodappropriateness of class certification in this or any other action(s) against Acer.