Both Sides Recommend Approval of the Settlement Sample Clauses

This clause states that both parties involved in the dispute are jointly recommending that the proposed settlement be approved. In practice, this means that the parties have negotiated terms they find mutually acceptable and are formally presenting the settlement to a court or relevant authority with their endorsement. By including this clause, the agreement demonstrates unified support for the settlement, which can help expedite approval and signal to the decision-maker that the resolution is fair and uncontested.
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Both Sides Recommend Approval of the Settlement. 3.01 Defendant’s Position on Conditional Class Certification. Defendant disputes that a class would be manageable or that common issues predominate over individual ones, and further denies that a litigation class could be properly certified on the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification for settlement purposes only of the Class. Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this Action or in any other action if the Settlement Agreement is not finalized or finally approved. If the Settlement Agreement is not finally approved by the Court for any reason whatsoever, any certification of the Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted against Defendant in any litigated certification proceedings in this Action. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiffs, any person in the Class or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other judicial proceeding. 3.02 Plaintiffs’ Belief in the Merits of Case. Plaintiffs believe that the claims asserted in this Action have merit and that the evidence developed to date supports those claims. This Settlement shall in no event be construed or deemed to be evidence of or an admission or concession on the part of Plaintiffs that there is any infirmity in the claims asserted by Plaintiffs, or that there is any merit whatsoever to any of the contentions and defenses that Defendant has asserted.
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Both Sides Recommend Approval of the Settlement. 3.01 D efendants’ Position on the Conditional Certification of Settlement Class. Defendants believe that Plaintiffs’ legal and factual allegations in the Action are incorrect and specifically deny all liability to the Class or the Settlement Class. Defendants deny that Plaintiffs’ claims could be certified as a class action if this case were to proceed in litigation. Electronically Filed - St Louis County - February 10, 2020 - 04:12 PM
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Both Sides Recommend Approval of the Settlement. ERC’s Position on the Conditional Certification of Settlement Class. ERC disputes that a class could be properly certified to litigate the claims asserted in this Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, ERC does not oppose and agrees to certification of the Class defined in Section 2.27, for settlement purposes only, pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Class for settlement purposes shall not be deemed a concession that certification of a litigation class is appropriate, nor would ERC be precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved. If the Settlement is not ultimately finally approved by the Court, the certification of the Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any proceedings involving ERC. No agreements made by or entered into by ERC in connection with the Agreement may be used by Plaintiffs, any Person in the Class or any other Person, to establish any of the elements of class certification in any litigated certification proceedings, whether in this Action or any other judicial proceeding, or otherwise.
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Both Sides Recommend Approval of the Settlement 
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Related to Both Sides Recommend Approval of the Settlement

  • Waiver of Notice; Approval of Meeting; Approval of Minutes The transactions of any meeting of Limited Partners, however called and noticed, and whenever held, shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy. Attendance of a Limited Partner at a meeting shall constitute a waiver of notice of the meeting, except when the Limited Partner attends the meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened; and except that attendance at a meeting is not a waiver of any right to disapprove the consideration of matters required to be included in the notice of the meeting, but not so included, if the disapproval is expressly made at the meeting.

  • State Approval of Replacement Personnel The Engineer may not replace the project manager or key personnel without prior consent of the State. The State must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the State determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the State within forty-five (45) days.

  • PRELIMINARY APPROVAL OF SETTLEMENT Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A.

  • PROCEDURE FOR APPROVAL OF SETTLEMENT Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.

  • JOINT SETTLEMENT RECOMMENDATION 2. Staff conducted an investigation of the Respondent’s activities. The investigation disclosed that the Respondent had engaged in activity for which the Respondent could be penalized on the exercise of the discretion of the Hearing Panel pursuant to s. 24.1 of By-law No. 1. 3. Staff and the Respondent recommend settlement of the matters disclosed by the investigation in accordance with the terms and conditions set out below. The Respondent agrees to the settlement on the basis of the facts set out in Part IV herein and consents to the making of an Order in the form attached as Schedule “A”. 4. Staff and the Respondent agree that the terms of this Settlement Agreement, including the attached Schedule “A”, will be released to the public only if and when the Settlement Agreement is accepted by the Hearing Panel.