Common use of Certification of Settlement Class for Settlement Purposes Only Clause in Contracts

Certification of Settlement Class for Settlement Purposes Only. (a) For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class under California law (California Code of Civil Procedure §382 and Rules of Court, rule 3.769) for settlement purposes only. The Parties agree that this Settlement Agreement is contingent upon the approval and certification by the Court of the Settlement Class for settlement purposes only. (b) The Parties agree that Defendant does not waive, and instead expressly reserves, its rights to challenge the propriety of class certification for any purpose should the Court not approve the Settlement Agreement and expressly disputes that certification would be proper for the purposes of litigating the class’ claims proposed in the Litigation. (c) The Parties agree that the Parties’ stipulation to the certification of the Settlement Class for settlement purposes only shall not be used by any person or entity for any purpose whatsoever in any legal proceeding, including but not limited to any arbitration, other than a proceeding to enforce the terms of this Agreement, as set forth in this Agreement. This includes, but is not limited to, an agreement that this stipulation shall not constitute, or be offered, received, claimed, construed or deemed as, a waiver, admission, finding or evidence of the propriety of certifying a litigation class in the Litigation or in any other legal proceeding. (d) Defendant does not agree or consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement of the Litigation. If this Settlement Agreement is terminated pursuant to its terms, or the Effective Date for any reason does not occur, all Orders certifying the Settlement Class for purposes of effecting this Settlement Agreement, and all preliminary and/or final findings regarding the Settlement Class certification order, shall be automatically vacated upon notice to the Court and the Litigation shall proceed as though the Settlement Class had never been certified pursuant to this Settlement Agreement and such findings had never been made. Additionally, the Litigation shall revert nunc pro tunc to the procedural status quo as of the date and time immediately before execution of the Settlement Agreement, in accordance with this Settlement Agreement. (e) In connection with the proposed certification of the Settlement Class, the Parties shall cooperate and present to the Court for its consideration, information and/or evidence as may be requested by the Court, under the applicable due process requirements and standards for class certification.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Certification of Settlement Class for Settlement Purposes Only. (a) For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class under California law (California Code of Civil Procedure §382 and Rules of Court, rule 3.769) for settlement purposes only, excluding the Settlement Class’s PAGA claims. The Parties agree that this Settlement Agreement is contingent upon the approval and certification by the Court of the Settlement Class for settlement purposes only. (b) The Parties agree that Defendant ▇▇▇▇ does not waive, and instead expressly reserves, its rights to challenge the propriety of class certification for any purpose should the Court not approve the Settlement Agreement Agreement, and Lyft expressly disputes that certification would be proper for the purposes of litigating the class’ claims proposed in the Litigation▇▇▇▇▇▇ and ▇▇▇▇▇ Actions. (c) The Parties agree that the Parties’ stipulation to the certification of the Settlement Class for settlement purposes only shall not be used by any person or entity for any purpose whatsoever in any legal proceeding, including but not limited to any arbitration, other than a proceeding to enforce the terms of this Agreement, as set forth in this Agreement. This includes, but is not limited to, an agreement that this stipulation shall not constitute, or be offered, received, claimed, construed or deemed as, as a waiver, admission, finding or evidence of the propriety of certifying a litigation class in the Litigation ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions or in any other legal proceeding. (d) Defendant Lyft does not agree or consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement of the LitigationAction. If this Settlement Agreement is terminated pursuant to its terms, or the Effective Date for any reason does not occur, all Orders certifying the Settlement Class for purposes of effecting this Settlement Agreement, and all preliminary and/or final findings regarding the Settlement Class certification order, shall be automatically vacated upon notice to the Court and the Litigation Action shall proceed as though the Settlement Class had never been certified pursuant to this Settlement Agreement and such findings had never been made. Additionally, the Litigation Action shall revert nunc pro tunc to the procedural status quo as of the date and time immediately before execution of the Settlement Agreement, in accordance with this Settlement Agreement. (e) In connection with the proposed certification of the Settlement Class, the Parties shall cooperate and present to the Court for its consideration, information and/or evidence as may be requested by the Court, under the applicable due process requirements and standards for class certification.

Appears in 1 contract

Sources: Class Action & Paga Settlement Agreement

Certification of Settlement Class for Settlement Purposes Only. (a) For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class under California law (California Code of Civil Procedure §§ 382 and Rules of Court, rule 3.769) for settlement purposes only). The Parties agree that this Settlement Agreement is contingent upon the approval and certification by the Court of the Settlement Class for settlement purposes only. (b) The Parties agree that Defendant does not waive, and instead expressly reserves, its rights to challenge the propriety of class certification for any purpose should the Court not approve the Settlement Agreement and expressly disputes that certification would be proper for the purposes of litigating the class’ claims proposed pleaded in the LitigationLitigation or in the Batra action. (c) The Parties agree that the Parties’ stipulation to the certification of the Settlement Class for settlement purposes only shall not be used by any person or entity for any purpose whatsoever in any legal proceeding, including but not limited to any arbitration, other than a proceeding to enforce the terms of this Agreement, as set forth in this Agreement. This includes, but is not limited to, an agreement that this stipulation shall not constitute, or be offered, received, claimed, construed or deemed as, a waiver, admission, finding or evidence of the propriety of certifying a litigation class in the Litigation or in any other legal proceeding. (d) Defendant does not agree or consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement of the Litigation. If this Settlement Agreement is terminated pursuant to its terms, or the Effective Date for any reason does not occur, all Orders certifying the Settlement Class for purposes of effecting this Settlement Agreement, and all preliminary and/or final findings regarding the Settlement Class certification order, shall be automatically vacated upon notice to the Court and the Litigation shall proceed as though the Settlement Class had never been certified pursuant to this Settlement Agreement and such findings had never been made. Additionally, the Litigation shall revert nunc pro tunc to the procedural status quo as of the date and time immediately before execution of the Settlement Agreement, in accordance with this Settlement Agreement. (e) In connection with the proposed certification of the Settlement Class, the Parties shall cooperate and present to the Court for its consideration, information and/or evidence as may be requested by the Court, under the applicable due due-process requirements and standards for class certification.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Certification of Settlement Class for Settlement Purposes Only. (a) For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class under California law (California Code of Civil Procedure §382 and Rules of Court, rule 3.769) for settlement purposes only. The Parties agree that this Settlement Agreement is contingent upon the approval and certification by the Court of the Settlement Class for settlement purposes only. (b) The Parties agree that Defendant does not waive, and instead expressly reserves, its rights to challenge the propriety of class certification for any purpose should the Court not approve the Settlement Agreement and expressly disputes that certification would be proper for the purposes of litigating the class’ claims proposed in the Litigation. (c) The Parties agree that the Parties’ stipulation to the certification of the Settlement Class for settlement purposes only shall not be used by any person or entity for any purpose whatsoever in any legal proceeding, including but not limited to any arbitration, other than a proceeding to enforce the terms of this Agreement, as set forth in this Agreement. This includes, but is not limited to, an agreement that this stipulation shall not constitute, or be offered, received, claimed, construed or deemed as, a waiver, admission, finding or evidence of the propriety of certifying a litigation class in the Litigation or in any other legal proceeding. (d) Defendant does not agree or consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement of the LitigationAction. If this Settlement Agreement is terminated pursuant to its terms, or the Effective Date for any reason does not occur, all Orders certifying the Settlement Class for purposes of effecting this Settlement Agreement, and all preliminary and/or final findings regarding the Settlement Class certification order, shall be automatically vacated upon notice to the Court and the Litigation shall proceed as though the Settlement Class had never been certified pursuant to this Settlement Agreement and such findings had never been made. Additionally, the Litigation shall revert nunc pro tunc to the procedural status quo as of the date and time immediately before execution of the Settlement Agreement, in accordance with this Settlement Agreement. (e) In connection with the proposed certification of the Settlement Class, the Parties shall cooperate and present to the Court for its consideration, information and/or evidence as may be requested by the Court, under the applicable due process requirements and standards for class certification.

Appears in 1 contract

Sources: Class Action Settlement Agreement