Settlement Class Resolution, or Case-Specific Resolution Sample Clauses
The Settlement Class Resolution, or Case-Specific Resolution clause defines how disputes or claims within a legal agreement will be resolved, either through a collective settlement for a defined group (class) or on an individual, case-by-case basis. In practice, this clause outlines whether parties agree to resolve issues as part of a larger group action or require each party to pursue their own separate resolution process. This approach clarifies the method of dispute resolution, helping to manage litigation risk and ensuring that all parties understand whether claims will be handled collectively or individually.
Settlement Class Resolution, or Case-Specific Resolution. 1. If ▇▇▇▇▇▇▇ made a payment as a result of the existence of a Bar, Settlement Class Resolution, or Case-Specific Resolution in a Settling State, and that Bar, Settlement Class Resolution, or Case-Specific Resolution is subject to a Revocation Event, ▇▇▇▇▇▇▇ shall receive a dollar-for-dollar offset against its obligation to make remaining payments that would be apportioned to that State or Participating Subdivisions listed on Exhibit G. This offset will be calculated as the dollar amount difference between (1) the total amount of incentive payments paid by ▇▇▇▇▇▇▇ during the time the Bar, Settlement Class Resolution, or Case- Specific Resolution subject to the Revocation Event was in effect, and (2) the total amount of Incentive Payments that would have been due from ▇▇▇▇▇▇▇ during that time without the Bar, Settlement Class Resolution, or Case-Specific Resolution subject to the Revocation Event being in effect. The amount of incentive payments that would have been due, referenced in (2) above, will be calculated based on considering any Subdivision that provides a release within one hundred eighty (180) days after the Revocation Event as having been a Participating Subdivision (in addition to all other Participating Subdivisions) during the time that the Bar, Settlement Class Resolution, or Case-Specific Resolution subject to the Revocation Event was in effect. If a Revocation Event causes a Settling State to no longer qualify for Incentive D, the Settling State shall return to ▇▇▇▇▇▇▇ all payments made under Incentive D.
2. Notwithstanding anything to the contrary in paragraph 1 above, if a Bar or Case- Specific Resolution is reinstated by the Settling State, either through the same or different means as the initial Bar or Case-Specific Resolution, ▇▇▇▇▇▇▇’▇ right to an offset is extinguished and any amounts withheld to offset amounts paid on account of the revoked, rescinded, reversed, or overruled Bar or Case-Specific Resolution shall be returned to the Settling State, less and except any incentive payments that would have been paid during the period in which the Bar or Case- Specific Resolution was revoked, rescinded, reversed, or overruled.