Limited Effect of Settlement Class Clause Samples

Limited Effect of Settlement Class. The certification of the Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiff shall be free to pursue any claims available to him; and OOI shall be free to assert any defenses available to them. Nothing in this Agreement shall be argued or deemed to estop any party from the assertion of such claims and defenses in the absence of settlement.

Limited Effect of Settlement Class. The certification of the Class shall have no bearing in deciding whether the claims asserted in the Action are or were appropriate for class treatment in the absence of settlement. If this Agreement terminates or is nullified, the Action shall revert to the status that existed before execution of this Agreement. Thereafter, Class Representatives shall be free to pursue any claims available to them, and CDR shall be free to assert any defenses available to them, including (but not limited to) denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any party from the assertion of such claims and defenses in the absence of settlement.

Limited Effect of Settlement Class. Defendants do not consent to certification of the Settlement Class for any purpose other than to effectuate settlement of the Action. If the court does not grant Final Approval of the Settlement, or if for any other reason the Effective Date does not occur, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval is not achieved: any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Plaintiffs and Defendants reserve the right to declare this Agreement null and void, in their sole discretion, within fifteen (15) days after such modification.

Limited Effect of Settlement Class. If this Agreement terminates or is nullified, the parties shall be restored to their respective litigation positions prior to execution. Defendant shall be free to assert any defenses available to it, including, but not limited to, seeking decertification of the class. Nothing in this Agreement shall be argued or deemed to estop any Party from the assertion of such claims and defenses or otherwise be used in any subsequent proceeding for purposes of establishing or disputing any issue on the merits (whether related to liability, damages, the propriety of class certification, or otherwise) or arguing in favor of or against class certification.

Limited Effect of Settlement Class. The certification of the Plaintiff Settlement Class shall have no bearing in deciding whether the claims asserted in the Actions are or were appropriate for class treatment in the absence of settlement. Accordingly, if the Agreement terminates or is nullified, the provisional class certification provided for in Exhibit A shall be vacated by its terms and the Actions shall revert to the status that existed before execution of this Agreement. Thereafter, Representative Plaintiffs shall be free to pursue any claims available to them, and Clearwire shall be free to assert any defenses available to it, including (but not limited to) seeking to compel individual arbitration and denying the suitability of this case for class treatment. Nothing in this Agreement shall be argued or deemed to estop any party from the assertion of such claims and defenses.