Plaintiffs and Class. Counsel represent and warrant that they will not provide any form of supplemental notice to members of the Settlement Class that is not specifically agreed upon by Defendant and approved by the Court. However, nothing contained herein shall limit Class Counsel’s right to communicate with the members of the Settlement Class regarding the regarding the lawsuit or the settlement.
Plaintiffs and Class. Counsel will keep the terms of the settlement confidential until the preliminary approval papers are filed. This shall not restrict Class Counsel from posting information on their respective firm websites to notify Class Members of the Settlement and provide them with the Notice, or communicating directly with Class Members about the Settlement.
Plaintiffs and Class. Counsel acknowledge that the Credit Bureaus' processes for acting on Xxxxx'x request may take up to one hundred twenty (120) days to be completed. Therefore, Chase cannot and does not guarantee that information relating to the account will be removed from Class Members' credit reports by any specific date. In the event that Plaintiffs, Class Counsel, or any Class Member requests that any of the Credit Bureaus reinvestigate information relating to an account, Plaintiffs, Class Counsel, or any Class Member will simultaneously provide a copy of this request to Chase. If Plaintiffs, Class Counsel, or any Class Member fails to provide Chase with any notice required in this section and a period of thirty (30) days to address the information reported, Plaintiffs, Class Counsel, or any Class Member waives any and all claims, whether arising in contract or tort, common law or statute, and/or federal or state law (including, but not limited to, claims for any damages, attorneys' fees and/or costs), against Chase that may arise subsequent to the date of this Agreement.
Plaintiffs and Class. Counsel shall be reimbursed and indemnified solely out of the Settlement Fund for all expenses. The Releasees shall not be liable for any costs, fees, or expenses of any of Plaintiffs' or the Class' respective attorneys, experts, advisors, agents, or representatives, but all such costs, fees, and expenses as approved by the Court shall be paid out of the Settlement Fund Expenses.
Plaintiffs and Class. Counsel represent and warrant that there are no pending personal injury claims in the Lawsuit, and that they are unaware of any such claims. Plaintiffs and Class Counsel further represent that they are unaware of any insurance, hospital, medical, Medicaid, Medicare, ERISA, Social Security, SSI, attorney liens, or any other type of lien of any kind whatsoever for any claims alleged in the Lawsuit, and that no parties other than those named in this Settlement Agreement have any interest in or right to the settlement proceeds being paid.
Plaintiffs and Class. Counsel understand and agree that any fee payments made under this Agreement will be the full, final, and complete payment of all attorneys’ fees and costs arising from or relating to the representation of the Plaintiffs and Class Members or any other attorneys’ fees and costs associated with the investigation, discovery, and/or prosecution of this Litigation; provided, however, that if it becomes necessary to enforce the terms of the settlement or to collect upon it, then Class Counsel shall be entitled to their reasonable attorney fees and costs incurred in doing so. So long as the Defendant timely makes all payments as required herein, then Class Counsel shall be entitled to no future fees other than those set forth herein.
Plaintiffs and Class. Counsel believe that the claims asserted in the Actions have merit, and have examined and considered the benefits to be obtained under the proposed resolution set forth in this Agreement, the risks associated with the continued prosecution of this complex, costly, and time-consuming litigation, and the likelihood of success on the merits of the Action, and any subsequent appeal. Plaintiffs and Class Counsel fully investigated the facts and law relevant to the merits of the Action.
Plaintiffs and Class. Counsel agree that if this Agreement fails to be approved, fails to become effective, or otherwise fails to be consummated, or if there is no Final Settlement Date, the Parties shall retain, and expressly reserve, all of the rights they had before the execution of this Agreement to seek, maintain, oppose, or object to the maintenance of the Action and/or the Related Actions as a class action. Plaintiffs and Class Counsel agree that nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument concerning whether the Action or any Related Action may properly be maintained as a class action, whether the purported class is ascertainable, or whether Class Counsel or Plaintiffs can adequately represent class members under applicable law. If the Agreement is deemed void or the Final Settlement Date does not occur, Plaintiffs and Class Counsel agree not to argue or present any argument, and hereby waive any argument, that Defendants could not contest (or are estopped from contesting) maintenance of this Action or any Related Action as a class action based on any grounds it had prior to the execution of this Agreement; and this Agreement shall not be deemed an admission by, or ground for estoppel against, Defendants that class certification or any claims brought in the Action and/or any Related Actions are proper. If the Agreement is declared void or the Final Settlement Date does not occur, Plaintiffs and Class Counsel retain all rights and arguments they had before execution of this Agreement to oppose Defendants’ positions and arguments. Each of the Parties will be restored to the place he, she or it was in as of the date this Agreement was signed with the right to assert in the Action or any Related Actions any argument or defense.
Plaintiffs and Class. Counsel acknowledge and agree that payment of Class Counsel’s fees and costs in the amount ordered by Court in its approval order will fully satisfy and represents all attorneys’ fees, costs, and expenses (including but not limited to any fees, costs, and expenses related to depositions, deposition transcripts, transmitting Court-approved notice, reproduction costs, travel expenses, witness fees, and expenses related to testifying and non-testifying experts, consultants, vendors, and claims administrators) incurred by Class Counsel and any attorney or firm representing Plaintiffs and/or Opt-in Plaintiffs, from engagement of counsel through the entry of the Court’s Approval Order, in the Lawsuits. Further, upon execution of the Agreement, Class Counsel will be forever precluded from seeking from Defendants any additional attorneys’ fees, costs, and expenses (including but not limited to any fees, costs, and expenses related to depositions, deposition transcripts, transmitting Court- approved notice, reproduction costs, travel expenses, witness fees, and expenses related to testifying and non-testifying experts, consultants, vendors, and claims administrators incurred in the Lawsuits.
Plaintiffs and Class. Counsel shall promptly submit this Settlement Agreement to the Court for preliminary approval and determination by the Court as to its fairness, adequacy, and reasonableness. Promptly upon execution of this Settlement Agreement, Class Counsel shall file an unopposed motion with the Court seeking entry of an order granting preliminary approval of the Settlement and requesting that the Court’s order:
