Miscellaneous Proceedings Clause Samples
Miscellaneous Proceedings. 15 11.1. Pending entry of the Preliminary Approval Order and the entry of the 16 Final Judgment, the Settling Parties agree to stay all proceedings in this Litigation, 17 except those incident to the Settlement itself.
18 11.2. The Settling Parties agree to use their best efforts to prevent, stay, or 19 seek dismissal of, or to oppose entry of any interim or final relief in favor of, any 20 claim by any member of the Settlement Class in any litigation that would be barred 21 by the releases contemplated by this Settlement Agreement, and any other litigation 22 against any of the Parties challenging the Settlement, or that otherwise involves, 23 directly or indirectly, a Released Claim.
24 11.3. The Settling Parties and their undersigned counsel agree to undertake 25 their best efforts and mutually cooperate to promptly effectuate this Settlement 26 Agreement and the terms of the Settlement set forth herein, including taking all steps 27 and efforts contemplated by this Settlement Agreement and any other steps and 28 efforts which may become necessary by order of the Court or otherwise. Case 3:17-cv-02335-GPC-MDD Document 232-3 Filed 11/08/19 PageID.10567 Page 32 of 84 11.4. The undersigned represent that they are fully authorized to execute and 2 enter into the terms and conditions of this Settlement Agreement.
Miscellaneous Proceedings. A. PENDING
Miscellaneous Proceedings. 12 14.1. Pending entry of the Preliminary Approval Order and the entry of the 13 Final Order and Judgment, the Settling Parties agree to stay all proceedings in this 14 Action, except those incident to the Settlement itself.
15 14.2. The Settling Parties agree to use their reasonable best efforts to prevent, 16 stay, or seek dismissal of, or to oppose entry of any interim or final relief in favor 17 of, any claim by any member of the Settlement Class in any litigation that would be 18 barred by the releases contemplated by this Settlement Agreement, and any other 19 litigation against any of the Parties challenging the Settlement, or that otherwise 20 involves, directly or indirectly, a Released Claim.
21 14.3. The Settling Parties and their undersigned counsel agree to undertake 22 their best efforts and mutually cooperate to effectuate this Settlement Agreement and 23 the terms of the Settlement set forth herein, including taking all steps and efforts 24 contemplated by this Settlement Agreement and any other steps and efforts which 25 may become necessary by order of the Court or otherwise.
26 14.4. The undersigned represent that they are fully authorized to execute and 27 enter into the terms and conditions of this Settlement Agreement. 28 / / /
1 14.5. This Settlement Agreement contains the entire agreement among the 2 Settling Parties and supersedes any prior agreements or understandings between 3 them. All terms of this Settlement Agreement are contractual and not mere recitals 4 and shall be construed as if drafted by all Parties. The presumption found in 5 California Civil Code Section 1654 (and equivalent, comparable, or analogous 6 provisions of the laws of the United States of America or any State or territory 7 thereof, or of the common law or civil law) that uncertainties in a contract are 8 interpreted against the party causing an uncertainty to exist is hereby waived by all 9 Parties.
10 14.6. The terms of this Settlement Agreement are and shall be binding upon 11 each of the Parties, their agents, attorneys, employees, successors and assigns, and 12 upon all other persons claiming any interest in the subject matter through any of the 13 Parties, including any Settlement Class member.
14 14.7. Whenever this Settlement Agreement requires or contemplates that one 15 Party shall or may give notice to the other, or that the Settlement Administrator shall 16 give notice or communicate with the Settling Parties, such notice or other 17 communicat...