Common use of Waiver of Right to Appeal Clause in Contracts

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms of this Agreement, Plaintiffs and Participating Class Members and their counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments sought by them. If an appeal is taken from the Judgment, the time for consummating the Settlement (including making payments under the Settlement) will be suspended until such time as their appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms of this Agreement, Plaintiffs and Participating Plaintiff, Class Members who did not timely submit an objection to the Settlement, Defendant, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also paragraph does not preclude Plaintiffs Plaintiff or Class Counsel from appealing from a refusal by the Superior Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments Payment sought by them, but not the approval of the Settlement otherwise. If an appeal is taken from the Judgment, the time for consummating the Settlement (including making payments to Class Members under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms of this Agreement, Plaintiffs and Participating Plaintiff, Class Members who did not timely submit an objection to the Settlement, Expedition FLSA Class Members who timely opted in to this Settlement, Defendants, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings, or to file a cross-appeal. This waiver of appeal also paragraph does not preclude Plaintiffs Plaintiff or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments Payment or the Class Counsel Fees and Expenses Payments Payment sought by them; however, such an order or affirmance of such an order will not entitle Plaintiff, Participating Class Members, or Defendants to avoid the Settlement. If an appeal is taken from the Judgment, the time for consummating the Settlement (including making payments under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Amended Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms and conditions of this Agreement, Plaintiffs that the Court does not make any material modification to the Settlement, and that the Parties have fully performed under the Agreement, Plaintiff and Participating Class Members who did not timely submit an objection to the Settlement, Defendants, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as as, but not limited to, a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments sought by them. If an appeal is taken from the Judgment, the time for consummating consummation of the Settlement (including making payments under the Settlement) will be suspended until such time as their appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms and conditions of this Agreement, that the Court does not make any material modification to the Settlement, and that the Parties have fully performed under the Agreement, Plaintiffs and Participating Class Members who did not timely submit an objection to the Settlement, Defendant, and their its respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as as, but not limited to, a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments sought by them. If an appeal is taken from the Judgment, the time for consummating consummation of the Settlement (including making payments under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms and conditions of this Agreement, that the Court does not make any material modification to the Settlement, and that the Parties have fully performed under the Agreement, Plaintiffs and Participating Class Members who did not timely submit an objection to the Settlement, Defendants, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as as, but not limited to, a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments sought by them. If an appeal is taken from the Judgment, the time for consummating consummation of the Settlement (including making payments under the Settlement) will be suspended until such time as their appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: First Amended Class Action Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment judgment is consistent with the material terms and conditions of this Agreement, Plaintiffs and if Participating Class Members do not timely object to the Settlement, then the Parties, and their respective counsel hereby waive any and all rights to appeal from the Judgmentjudgment, including including, but not limited to, all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate or set aside judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore judgment will become non-non- appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also paragraph does not preclude Plaintiffs Plaintiff or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments Payments, the Class Counsel Fees Payments, or the Class Counsel Fees and Litigation Expenses Payments sought by them. If an appeal is taken from the Judgmentjudgment, the time for consummating consummation of the Settlement (including making payments under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment judgment becomes Final, as defined in this Agreementfinal.

Appears in 1 contract

Samples: Settlement Agreement

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Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms of this Agreement, Plaintiffs and Participating Plaintiffs, Class Members who did not timely submit an objection to the Settlement, Dollar Tree, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceeding, such as a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entered. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment proceedings. This waiver of appeal also paragraph does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the District Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments Payment sought by them. If an appeal is taken from the Judgment, the time for consummating the Settlement (including making payments under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Revised Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms and conditions of this Agreement, Plaintiffs and Participating Plaintiff, Settlement Class Members who did not submit a valid and timely objection to the Settlement, AA Meat Products, and their respective counsel hereby waive any and all rights to appeal from the Judgment, including all rights to any post-judgment Judgment proceeding and appellate proceeding, such as a motion to vacate judgment, a motion for new trial, and any extraordinary writ, and the Judgment therefore will become non-appealable at the time it is entereda motion under California Code of Civil Procedure section 473. This The waiver of appeal does not include any waiver of the right to oppose any appeal, appellate proceedings or post-judgment Judgment proceedings. This waiver of appeal also paragraph does not preclude Plaintiffs Plaintiff or Class Counsel from appealing from a refusal by the Superior Court to award the full Class Representative Service Payments Payment, the Class Counsel Fees Payment, or the Class Counsel Fees and Litigation Expenses Payments Payment sought by them. If an appeal is taken from the Judgment, the time for consummating consummation of the Settlement (including making payments under the Settlement) will be suspended until such time as their the appeal is finally resolved and the Judgment Judgment, consistent with the terms of this Agreement, becomes Final, as defined in this Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Right to Appeal. Provided that the Judgment is consistent with the material terms and conditions of this Agreement, Plaintiffs specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement (i.e., Class Counsel reserve the right to appeal a reduction of the requested Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment), the Parties, their respective counsel, and all Participating Class Members and their counsel hereby who did not object to the Settlement as provided in this Agreement, waive any and all rights to appeal from the Judgment, including all rights to any post-judgment proceeding and appellate proceedingproceedings, such as a motion the right to file motions to vacate judgment, a motion motions for new trial, and any extraordinary writwrits, and the Judgment therefore will become non-appealable at the time it is enteredappeals. This The waiver of appeal does not include any waiver of the right to oppose any appealsuch motions, appellate proceedings writs or post-judgment proceedings. This waiver of appeal also does not preclude Plaintiffs or Class Counsel from appealing from a refusal by the Court to award the full Class Representative Service Payments or the Class Counsel Fees and Expenses Payments sought by themappeals. If an appeal is taken from objector appeals the Judgment, the time for consummating the Settlement (including making payments Parties’ obligations to perform under the Settlement) this Agreement will be suspended until such time as their the appeal is finally resolved and the Judgment becomes Finalfinal, except as defined in this Agreementto matters that do not affect the amount of the Net Settlement Amount.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement and Class Notice

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