Common use of Fair Settlement Clause in Contracts

Fair Settlement. Plaintiffs and Plaintiffs’ Counsel, based on their own independent investigations and evaluations, have examined the benefits to be obtained under the terms of this Settlement Agreement and have considered the claims of Plaintiffs, the claims of the average Settlement Class Member, the risks associated with the continued prosecution of the Actions, and the likelihood of success on the merits of the Actions. Plaintiffs and Plaintiffs’ Counsel recognize and acknowledge the significant expense, length, difficulty, and uncertainty of continued proceedings necessary to prosecute the Actions against Defendants through trial and appeals. Plaintiffs and Plaintiffs’ Counsel have also considered the uncertain outcome and the risk of continued litigation, especially in complex litigation such as the Action, as well as the difficulties and delays inherent in any such litigation. Plaintiffs and Plaintiffs’ Counsel believe that, after considering all the circumstances, the proposed Settlement set forth in this Agreement is a just, fair, reasonable, and favorable recovery in the best interests of the Settlement Class and confers substantial benefits upon the Settlement Class.