Best Notice Practicable Clause Samples
The "Best Notice Practicable" clause requires a party to provide notice to another party using the most effective and reasonable method available under the circumstances. In practice, this means that if traditional methods such as mail or email are not feasible or timely, the notifying party must use alternative means that are likely to reach the intended recipient, such as phone calls or public postings. The core function of this clause is to ensure that important information is communicated promptly and reliably, minimizing the risk of missed or delayed notifications due to unforeseen obstacles.
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Best Notice Practicable. 11 The Parties agree that compliance with the procedures described in this section is the best 12 notice practicable under the circumstances and shall constitute due and sufficient notice to the 13 Settlement Class of the pendency of the Action, certification of the Settlement Class, the terms of 14 the Settlement Agreement, and the Final Approval Hearing, and shall satisfy the requirements of the 15 California Rules of Court, the California Code of Civil Procedure, the Constitution of the State of 16 California, the United States Constitution, and any other applicable law.
Best Notice Practicable. The Parties agree, and the Preliminary Approval Order shall state, that compliance with the notice provisions herein is the best notice practicable under the circumstances and shall constitute due and sufficient notice to the Settlement Class of the pendency of the Action and the terms of the Settlement and shall satisfy the requirements of all applicable local and court rules, the Federal Rules of Civil Procedure, the United States Constitution, and any other applicable law.
Best Notice Practicable. The Parties agree that compliance with the procedures described in Section 7 of this Agreement is the best notice practicable under the circumstances and shall constitute due and sufficient notice to the Settlement Class of the pendency of the Action, certification of the Settlement Class, terms of this Agreement, and the Final Approval Hearing. The Parties agree that the Class Notice described in this Agreement shall satisfy the requirement of the Federal Rules of Civil Procedure, the United States Constitution, and any other applicable law, rule, and/or regulation.
Best Notice Practicable. The Parties agree that compliance with the procedures described in this Section 5 is the best notice practicable under the circumstances and shall constitute due and sufficient notice to potential Settlement Class Members of: the pendency of the Action, certification of the Settlement Class, and the terms of the Settlement and the Final Approval Hearing (should the Court decide to schedule and/or hold one), and satisfy the requirements of the Massachusetts Rules of Civil Procedure, the Constitution of the Commonwealth of Massachusetts, the United States Constitution and any other applicable laws.
Best Notice Practicable. 2 The Parties agree, and the Preliminary Approval Order shall state, that compliance 3 with the procedures described in Section XII.F is the best notice practicable under the 4 circumstances and shall constitute due and sufficient notice to the Settlement Class and 5 the Injunctive Relief Class of the pendency of the Action, certification of the Settlement 6 Class and the Injunctive Relief Class, the terms of the Agreement, and the Final Approval 7 Hearing, and shall satisfy the requirements of the Federal Rules of Civil Procedure, the 8 United States Constitution, and any other applicable law.
Best Notice Practicable. The Parties agree that compliance with the procedures described are the best notice practicable under the circumstances and shall constitute due and 4823-3056-6565.9 sufficient notice to the Class of the pendency of the Action, certification of the Class, terms of this Agreement, and the Final Approval Hearing.
Best Notice Practicable. Prior to mailing the Notice of Settlement, the Settlement Administrator will utilize reasonable efforts to identify current addresses of Settlement Collective and Class Members and shall run all addresses provided through the U.S. Post Office’s National Change of Address (“NCOA”) database. Further, if any mail is returned as undeliverable, the Settlement Administrator will perform a skip trace using proprietary databases to search for any updated address, and will promptly, within three (3) business days of any mail being returned as undeliverable, remail the Notice of Settlement to that person at any updated address that is found by the Settlement Administrator.
Best Notice Practicable. The Parties agree that compliance with the procedures described in this Section is the best notice practicable under the circumstances and is due and sufficient notice to the Class and the California Subclass of the pendency of the Action, certification of the Class and the California Subclass, the terms of the Settlement Agreement, and the Final Approval Hearing, and satisfies the requirements of the Federal Rules of Civil Procedure, the United States Constitution, and any other applicable law, rule, and/or regulation.
Best Notice Practicable. Plaintiffs and Class Counsel agree that the Parties are providing the best notice practicable and will not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in this Section VII of the Settlement Agreement.
Best Notice Practicable. 9.5.1. The Parties agree, and the proposed Preliminary Approval Order shall state, that compliance with the procedures described in this section and embodied in the Notice Plan is the best notice practicable under the circumstances of the Action and the factual circumstances surrounding the Class Members and their counsel, and shall constitute due and sufficient notice to the Class of the pendency of the Action, certification of the Class, the terms of the Settlement Agreement, and the Fairness Hearing, and shall satisfy the requirements of the Federal Rules of Civil Procedure, the United States Constitution, and any other applicable law.