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

Certification of Settlement Class for Settlement Purposes Only. 3.1 The Parties hereby agree, subject to the approval of the Court, that the Action shall be deemed, for purposes of settlement only, to satisfy the requirements for class certification pursuant to Federal Rule of Civil Procedure 23(b)(3), and shall be certified as a class for settlement purposes only. Any class certification order entered in this Action pursuant to the Settlement, this Agreement, or otherwise shall not constitute a waiver or admission, in this or in any other proceeding, by the Cruise Defendants of a finding or evidence that Plaintiff’s claims, claims of any Person in the Settlement Class, or any Released Claims are appropriate for class treatment or that any requirement for class certification is otherwise satisfied in this Action. In the event that the Settlement or this Agreement does not become effective, either because the Effective Date does not occur for any other reason whatsoever or because the Agreement is later determined or declared to be null and void, in part or in full, the Court’s Preliminary Approval Order certifying the Settlement Class for settlement purposes shall be null and void and shall no longer be in effect. By entering into the Settlement and this Agreement, Cruise Defendants in no way waive their respective rights to challenge Plaintiff’s allegations that a class may be certified in this Action.

Certification of Settlement Class for Settlement Purposes Only. 3.1 The Parties hereby agree, subject to the approval of the Court, that the Action shall be deemed, for purposes of settlement only, to satisfy the requirements for class certification pursuant to Federal Rule of Civil Procedure 23(b)(3), and shall be certified as a class for settlement purposes only. Any class certification order entered in this Action pursuant to the Settlement, this AgreementAgreement or otherwise, or otherwise shall not constitute a waiver or admission, in this or in any other proceeding, by the Cruise Defendants of a finding or evidence that Plaintiff’s claims, claims of any Person in the Settlement Class, or any Released Claims are appropriate for class treatment or that any requirement for class certification is otherwise satisfied in this Action. In the event that the Settlement or this Agreement does not become effective, either because the Effective Date does not occur for any other reason whatsoever or because the Agreement is later determined or declared to be null and void, in part or in full, the Court’s Preliminary Approval Order certifying the Settlement Class for settlement purposes only shall be null and void and shall no longer be in effect. By entering into the Settlement and this Agreement, Cruise Defendants in no way waive their respective rights to challenge Plaintiff’s allegations that a class may be certified in this Action.