Confirmation Process Affidavit Clause Samples

Confirmation Process Affidavit. Prior to execution of the Settlement Agreement, COP provided sworn affidavit(s) of COP personnel confirming the accuracy of the information and representations provided during the Confirmation Process ("Affidavit"). Plaintiff agrees that because the Affidavit contains detailed internal accounting information of COP, Plaintiff shall not disclose the Affidavit or its contents to any person, except the following: a) the First Judicial District Court; b) the Class Representative; c) any expert or consultant retained by the Plaintiff for purposes of using or relying upon the testimony contained in the Affidavit to attest to the fairness and reasonableness of the settlement, including allowance for expert(s) to identify and describe the Affidavit in any testimony or report submitted by such expert(s); d) any Class Member who requests either the Affidavit, information regarding the Settlement or the Confirmation Process; e) any Class Member who objects to the Settlement pursuant to Rule 1-023 NMRA and Section 5.6 of this Settlement Agreement and who requests the Affidavit; and f) counsel for the Plaintiff and the Class. For avoidance of doubt, the Affidavit is not deemed to be "confidential" or "attorneys' eyes only" as those terms are defined in the Amended Confidentiality and Protective Order entered in this case on February 10, 2011, and therefore is subject only to the disclosure restrictions set forth in this Settlement Agreement.