Common use of The Settlement Clause in Contracts

The Settlement. 6. The parties wish to settle and resolve all of Plaintiff’s claims to avoid the uncertainties and risks of trial, to avoid further expense, inconvenience, and the distraction of burdensome and protracted litigation, and to obtain the releases, orders, and judgments contemplated by the Settlement Agreement dated October 28, 2014 so as to put to rest totally and finally the matters raised by Plaintiff. 7. The Settlement was reached after arms-length negotiations occurring over the course of several years, including multiple mediation sessions before Professor ▇▇▇▇ ▇▇▇▇▇. Further, the Settlement was reached only after counsel litigated this case for more than a decade by: (a) engaging in extensive fact and expert discovery; (c) litigating two efforts by Plaintiff to certify a class in 2007 and 2010, including a full evidentiary hearing in connection with Plaintiff’s second effort at class certification and a successful appeal by Comcast to the United States Supreme Court; and (d) litigating Comcast’s motion for summary judgment, which was granted in part and denied in part in April 2012.