Defendant’s Denials Sample Clauses

Defendant’s Denials. Defendant denies (1) all the material allegations in this 26 Action, (2) that Defendant violated any applicable laws, (3) that Defendant is liable for damages, 27 penalties, interest, restitution, attorneys’ fees, or costs, or for any other remedy sought in the Action, and
Sample 1
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Defendant’s Denials. Defendant denies (1) all the material allegations in this 20 Action, (2) that Defendant violated the FCRA or any other law, (3) that Defendant is liable for 21 damages, penalties, interest, restitution, attorneys’ fees, or costs, or for any other remedy on account of 22 the claims asserted in the Action, and (4) that class certification is appropriate as to any claim in the 23 Action. Defendant contends that its policies, procedures, and practices comply with the FCRA and all 24 other applicable laws. Defendant has agreed to settle the Action solely to avoid the burden, expense, 25 and uncertainty of litigation. Any statements in this Agreement are made for settlement purposes only.
Sample 1
Defendant’s Denials. Defendant denies (1) all the material allegations in this Action, (2) 3 that Defendant violated any applicable laws, (3) that Defendant is liable for wages, damages, penalties, 4 interest, restitution, attorneys’ fees, or costs, or for any other remedy on account of the claims asserted in 5 the Action, and (4) that class action certification is appropriate as to any claim in the Action. Defendant 6 contends that its policies, procedures, and practices comply with all laws asserted in the Action. The 7 Parties agree that the Agreement is a compromise and settlement of potential and/or disputed claims, and 8 that the Agreement, nor any action taken to carry out the Agreement, may not be construed or used as an 9 admission or concession of, or constitute a finding of, liability, fault, wrongdoing, or culpability of any 10 kind. Defendant has agreed to settle the Action solely to avoid the burden, expense, and uncertainty of 11 litigation. Any statements in this Agreement are made for settlement purposes only.
Sample 1
Defendant’s Denials. Defendant denies any liability under the FCRA and denies 18 that class certification is appropriate in this Action. Defendant further denies that it engaged in any non- 19 willful or willful violation of the FCRA. As part of the Agreement, Defendant specifically denies that it 20 engaged in any wrongdoing, denies the allegations in the Complaint, denies that Defendant is liable for 21 damages, penalties, interest, restitution, attorneys’ fees or costs or any other remedy, and denies that any 22 claim asserted by Plaintiff Xxxxxx is suitable for class treatment other than for settlement purposes. The 23 Agreement is not and shall not in any way be deemed to constitute an admission or evidence of any 24 wrongdoing or liability on the part of Defendant, nor of any violation of any federal, state, or municipal 25 statute, regulation, or principle of common law or equity. Defendant has agreed to settle the Action
Sample 1

Related to Defendant’s Denials

  • Defendants Case No. 1:15-cv-10599-PBS [PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE Plaintiffs Xxxxx Xxxxxxxxx and Xxxxxx Xxxxxxxxxx (“Plaintiffs” or “Class Representatives”) have submitted a Motion for Final Approval of the Settlement set forth in the Class Action Settlement Agreement dated [date of agreement], 2019 (the “Agreement” or “Settlement Agreement”). Class Counsel has also submitted to the Court their Unopposed Motion For An Order Awarding Attorneys’ Fees and Costs And Expenses To Class Counsel, and Incentive Awards to Class Representatives. On , 2019, this Court granted preliminary approval to the proposed class action settlement set forth in the Agreement. This Court also provisionally certified a Settlement Class for settlement purposes, approved the procedure for giving Class Notice to the members of the Settlement Class, and set a Final Approval Hearing to take place on , 2019. The Court finds that due and adequate notice was given to the Settlement Class as required in the Court’s Order. The Court has reviewed the papers filed in support of the motion for Final Approval, including the Settlement Agreement and exhibits thereto, memoranda and arguments submitted on behalf of the Settlement Class, and supporting affidavits. On , 2019, this Court held a duly noticed Final Approval Hearing to consider: (1) whether the terms and conditions of the Agreement are fair, reasonable and adequate; (2) whether a judgment should be entered dismissing the Settlement Class Members’ Released Claims on the merits and with prejudice; and (3) whether and in what amount to award attorneys’ fees and expenses to Class Counsel; and any award to the Class Representatives for their representation of the Class. Based on the papers filed with the Court and the presentations made to the Court by the Parties and by other interested persons at the Final Approval Hearing, it appears to the Court that the Settlement Agreement is fair, adequate, and reasonable, and in the best interests of the Settlement Class. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

  • Defendant shall make a good faith effort to issue a final decision on Xx. Xxxxx’x claim, if appropriate, as soon as practicable.

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Lawsuits There is no lawsuit, tax claim or other dispute pending or threatened against the Borrower which, if lost, would impair the Borrower's financial condition or ability to repay the loan, except as have been disclosed in writing to the Bank.

  • Grievances and Appeals a. If you have questions about any pediatric dental services received, please first discuss the matter with your Dental Provider. However, if you continue to have concerns, please call Delta Dental’s Customer Service Center. You can also email questions by accessing the “Contact Us” section of the dental plan website at xxx.xxxxxxxxxxxxxx.xxx.

  • No Pending Litigation There is no action, suit, proceeding, investigation or litigation pending or, to the Purchaser’s knowledge, threatened, which either in any one instance or in the aggregate, if determined adversely to the Purchaser would adversely affect the purchase of the Mortgage Loans by the Purchaser hereunder, or the Purchaser’s ability to perform its obligations under this Agreement; and

  • COMPLAINTS AND APPEALS As a Premera member, you have the right to offer your ideas, ask questions, voice complaints and request a formal appeal to reconsider decisions we have made. Our goal is to listen to your concerns and improve our service to you. If you need an interpreter to help with oral translation, please call us. Customer Service will be able to guide you through the service. WHEN YOU HAVE IDEAS We would like to hear from you. If you have an idea, suggestion, or opinion, please let us know. You can contact us at the addresses and telephone numbers found on the back cover. WHEN YOU HAVE QUESTIONS Please call us when you have questions about a benefit or coverage decision, our services, or the quality or availability of a healthcare service. We can quickly and informally correct errors, clarify benefits, or take steps to improve our service. We suggest that you call your provider of care when you have questions about the healthcare they provide.

  • Legal Actions A Receiver may bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Security Asset which he thinks fit.

  • FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of an offer, the respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

  • Third Party Proceedings The Company shall indemnify Indemnitee if Indemnitee is or was a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Company) by reason of the fact that Indemnitee is or was a director, officer, employee or agent of the Company, or any subsidiary of the Company, by reason of any action or inaction on the part of Indemnitee while an officer or director or by reason of the fact that Indemnitee is or was serving at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement (if such settlement is approved in advance by the Company, which approval shall not be unreasonably withheld) actually and reasonably incurred by Indemnitee in connection with such action, suit or proceeding if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in or not opposed to the best interests of the Company, and, with respect to any criminal action or proceeding, had no reasonable cause to believe Indemnitee’s conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that Indemnitee did not act in good faith and in a manner which Indemnitee reasonably believed to be in or not opposed to the best interests of the Company, or, with respect to any criminal action or proceeding, that Indemnitee had reasonable cause to believe that Indemnitee’s conduct was unlawful.

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