Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. 3.1 CardConnect agrees that, solely for the purposes of this Settlement and its implementation, the Action shall proceed as a class action, as more particularly described in this Settlement Agreement. The Parties have agreed that the Settlement Class shall be: All CardConnect Merchants that paid at least one of the Subject Fees from November 1, 2012 through the date of Preliminary Approval. Excluded from the Settlement Class are: (i) those customers that opt out of this Agreement as identified in paragraph 6; (ii) CardConnect officers, directors, or employees, any entity in which CardConnect has a controlling interest, and the affiliates, legal representatives, attorneys, heirs, or assigns of CardConnect;