Class Certification. The Settling Parties agree, for purposes of this settlement only, to the certification of the Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of the Settlement Agreement, this Settlement Agreement and the certification of the Class provided for herein will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Class Certification. The Settling Parties agree, for purposes of this settlement Settlement only, to the certification of the Class. If the settlement Settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of the this Settlement Agreement, this Settlement Agreement and the certification of the Class provided for herein herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case case, or action, as to which all of their rights are specifically preserved.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Certification. The Settling Parties agree, for purposes of this settlement only, to the certification of the Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of the this Settlement Agreement, this Settlement Agreement Agreement, and the certification of the Class provided for herein herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case case, or action, as to which all of their rights are specifically preserved.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Class Certification. The Settling Parties agree, for purposes of this settlement Settlement only, to the certification of the Class. If the settlement Settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of the Settlement Agreement, this Settlement Agreement and the certification of the Class provided for herein herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.
Appears in 1 contract
Samples: Amended Settlement Agreement
Class Certification. The Settling Parties agree, for purposes of this settlement only, to the certification of the Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of the this Settlement Agreement, this Settlement Agreement Agreement, and the certification of the Class provided for herein herein, will be vacated and the Litigation shall proceed as though the Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.
Appears in 1 contract
Samples: Amended Settlement Agreement