Covenants Of Counsel. Class Counsel and Defendant’s Counsel expressly agree that subject to all applicable governing ethical rules, opinions and obligations, they will not represent any individual who (i) is a Settlement Class Member who challenges in any way the settlement described in this Settlement Agreement; or (ii) who opts-out or who claims at some later date that they were not bound by the terms of this Settlement Agreement for any reason. It is expressly acknowledged and agreed that no party or counsel for that party will institute, participate in, or encourage any appeal from an order implementing this Settlement Agreement or any objection to the implementation of this Settlement Agreement and settlement; provided, however, any party has the right to appeal an order which materially alters the terms of this Settlement Agreement (including the consideration to be given by or to any party).
Covenants Of Counsel. Class Counsel expressly agrees that they will not represent any individual who: (a) is a Settlement Class Member who challenges in any way the settlement described in this Settlement Agreement; or (b) who opts-out or who claims at some later date that they were not bound by the terms of this Settlement Agreement for any reason. It is expressly acknowledged and agreed that no Party will institute, participate in, or encourage any appeal from an order implementing this Settlement Agreement or any objection to the implementation of this Settlement Agreement and settlement; provided, however, any party has the right to appeal an order which materially alters the terms of this Settlement Agreement (including the consideration to be given by or to any Party).
Covenants Of Counsel. Class Counsel expressly agrees that they will not represent any individual who (i) is a Class Member who challenges in any way the settlement described in this Settlement Agreement; or (ii) who claims at some later date that they were not bound by the terms of this Settlement Agreement for any reason. It is expressly acknowledged and agreed that no party or its attorneys, employees or agents will institute, participate in, or encourage any appeal from an order implementing this Settlement Agreement or any objection to the implementation of this Settlement Agreement and settlement; provided, however, any party has the right to appeal an order which materially alters the terms of this Settlement Agreement (including the consideration to be given by or to any party) other than the Parties agree that Court’s failure to approve, in whole or in part, the requested award for Attorneys’ Fees or the Incentive Award requested by Plaintiff is not grounds for appeal. Class Counsel represent and warrant that that he/she/it does not currently represent any other individual or entities that have any potential claim(s) against Waste Pro of Florida, Inc. and/or Waste Pro USA, Inc. that relate, in any way, to any fees charged in addition to the base rate for waste disposal services
