Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlement, LifeWorks stipulates that Plaintiff is an adequate representative of the Settlement Class, and that Settlement Class Counsel are adequate counsel for the Settlement Class. Defendant agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in Paragraph 7.8) does not occur. If the Settlement set forth in this Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, shall be vacated, and the Lawsuit shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Party’s position on the issue of class certification or any other issue. The Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Parties in any other proceeding, case, or action, as to which all of their rights are specifically preserved. In the event of non-approval, termination, or cancellation of this Settlement Agreement, LifeWorks shall be responsible for administration and notification costs incurred, if any, but shall have no other payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement.

Certification of Settlement Class. Promptly after execution of the Settlement AgreementFor settlement purposes only, Proposed Class Counsel will ask request, as part of the Order for Preliminary Approval and Conditional Certification of Class, that the Court make preliminary findings and enter an Order granting provisional certification of the Proposed Settlement Class subject to issue an order certifying final findings and ratification in the Final Order and Judgment, and appointing Atrium Homes, Inc., ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and Proposed Class Counsel, as representatives of the Proposed Settlement Class. The HOA does not consent to the certification of the Proposed Settlement Class for settlement purposes only. Solely for the any purpose of implementing other than to effectuate this Settlement Agreement and effectuating the Settlementresolution of claims relating to Road Impact Fees, LifeWorks stipulates that Plaintiff is an adequate representative of Adherence to Requirements Deposits, Tree Policy Fees, or Fines assessed by the Settlement ClassHOA from March 4, and that Settlement Class Counsel are adequate counsel for the Settlement Class. Defendant agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or 2012 through the Effective Date (defined in Paragraph 7.8) does not occurDate. If In the Settlement set forth in this Agreement is not approved by the Court, or if event the Settlement Agreement is terminated declared null and void for any reason, or cancelled pursuant in the event the Court fails to approve the Settlement Agreement or certify the Proposed Settlement Class, the order conditionally certifying the Proposed Settlement Class shall be automatically vacated upon notice to the terms Court of this Settlement Agreement, this Settlement Agreement, and the certification termination of the Settlement Class provided for herein, shall be vacated, Agreement and the Lawsuit matter shall proceed as though the Proposed Settlement Class had never been certifiedconditionally certified and such finding had never been made, without prejudice to the ability of any Person’s party thereafter to request or Party’s position on the issue of oppose class certification on any basis. Proposed Class Counsel shall submit to the Court on or any other issuebefore January 15, 2024, a motion for preliminary approval of the Settlement Agreement on behalf of the Proposed Settlement Class. The Parties’ agreement to the motion for preliminary approval shall seek: (i) certification of the Proposed Settlement Class is also without prejudice to any position asserted by (for settlement purposes only); (ii) appointment of Atrium Homes, Inc., ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and Class Counsel as the Parties in any other proceedingrepresentatives of and counsel for the Proposed Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, caseadequate, or action, as to which all of their rights are specifically preserved. In the event of non-approval, termination, or cancellation of this Settlement Agreement, LifeWorks shall be responsible for administration and notification costs incurred, if any, but shall have no other payment, reimbursement, or other financial obligation of any kind as a result of this Settlement Agreement.reasonable; and

Certification of Settlement Class. Promptly after execution 80. For purposes of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Solely for the purpose of implementing this Settlement Agreement and effectuating the Settlementonly, LifeWorks stipulates that Plaintiff is an adequate representative without any finding or admission of the Settlement Classany wrongdoing or fault by Defendants, and that Settlement Class Counsel are adequate counsel for the Settlement Class. Defendant agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in Paragraph 7.8) does not occur. If the Settlement set forth in this Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled solely pursuant to the terms of this Settlement Agreement, the Parties consent to, and agree to, the conditional certification of the Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3). 81. The certification is conditional on the Court’s approval of this Settlement. In the event the Court does not approve all the terms of this Settlement Agreement, and or if this Settlement Agreement is voluntarily or involuntarily terminated for any reason, then the certification of the Settlement Class provided for hereinshall be void and this Settlement Agreement and all orders entered in connection herewith, including, but not limited to, any order conditionally certifying the Settlement Class, shall become null and void and shall be vacatedof no further force and effect and shall not be used or referred to for any purposes whatsoever in the Litigation or in any other case or controversy. And, in such an event, this Settlement Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all parties hereto, who shall be restored to their respective positions as of the date before this Settlement Agreement was executed, and Defendants shall not be deemed to have waived any opposition or defenses it has to any aspect of the Lawsuit claims asserted herein or whether those claims are amenable to class treatment. 82. Defendants contend that the Actions could not be certified as class actions under Federal Rule of Civil Procedure 23(b) (or Maryland Rule of Civil Procedure 2−321, if they had proceeded in Maryland state court) other than for settlement purposes. Nothing in this Settlement Agreement shall proceed be construed as though an admission by Defendants that the Actions or any similar case is amenable to class certification for trial purposes. Furthermore, nothing in this Settlement Agreement shall prevent Defendants from opposing class certification or seeking decertification of a class in this matter if final approval of the Settlement is not obtained, or not upheld on appeal, including review by the United States Supreme Court, for any reason. Defendants support certification of the Settlement Class had never been certified, without prejudice to any Person’s or Party’s position on the issue of class certification or any other issuefor settlement purposes only. 83. The Parties’ agreement Defendants do not consent to the certification of the Settlement Class is also without prejudice (or to the propriety of class treatment) for any position asserted by the Parties in purpose other than to effectuate this Settlement. Defendants’ agreement to conditional certification does not constitute an admission of wrongdoing, fault, liability, or damage of any kind, or that any class certification would be appropriate for litigation or any other proceeding, case, or action, as purpose other than to which all of their rights are specifically preserved. In the event of non-approval, termination, or cancellation of effectuate this Settlement Agreement, LifeWorks shall be responsible for administration and notification costs incurred, if any, but shall have no other payment, reimbursement, or other financial obligation of any kind as a result of this Settlement AgreementSettlement.

Certification of Settlement Class. Promptly after execution The Parties entered this Settlement Agreement solely for the purposes of fully and finally resolving on a nationwide class basis the Plaintiff’s Claims, Released Claims, and the Litigation pursuant to the terms set forth herein. Nothing in this Settlement Agreement shall be construed as an admission by Defendant of any wrongdoing as asserted in the Litigation or that this Litigation or any similar case is amenable to class certification for any purpose other than this settlement or that any of the Plaintiff’s Claims, Released Claims, or the Litigation are meritorious in any respect. The Parties agree that, for the sole purpose of effecting a settlement, and upon the express terms and conditions set out in this Settlement Agreement, Plaintiff shall seek, and Defendant will not oppose, certification of the Settlement AgreementClass defined above. Plaintiff, Class Counsel will ask the Court to issue an order certifying on behalf of itself and the Settlement Class for settlement purposes only. Solely for the purpose of implementing Class, acknowledges and agrees that if this Settlement Agreement is not fully and effectuating finally approved by the SettlementCourt without material change, LifeWorks stipulates the settlement is voidable at the election of either Party and, if voided, that Plaintiff is an adequate representative Defendant has not waived and has expressly reserved the right to challenge the certification of the Settlement Class, and that Settlement Class Counsel are adequate counsel for to challenge the Settlement Class. Defendant agrees not substantive merits of Plaintiff’s Claims in the Litigation, or in any similar case, and to object to this request without waiver of its right to contest certification or the merits and appeal any order entered in any of the Lawsuit if cases that comprise the settlement does not receive final approval Litigation or the Effective Date (defined in Paragraph 7.8) does not occurany similar case. If the Settlement set forth Nothing in this Agreement is not approved by the Court, or if the Settlement Agreement is terminated may be used in any judicial or cancelled pursuant to administrative proceeding regarding the terms propriety of this Settlement Agreement, this Settlement Agreement, and the (i) litigating or adjudicating Plaintiff’s Claims in court or (ii) class certification outside of the Settlement Class provided for herein, shall be vacated, and the Lawsuit shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Party’s position on the issue context of class certification or any other issuesettlement. The Parties’ agreement to the Court’s certification of the Settlement Class is also without prejudice not and shall not be deemed to be the adjudication of any position asserted fact or issue for any purpose other than the accomplishment of the settlement. If this settlement is not approved by the Parties in Court for any other proceeding, casereason, or action, as is modified by the Court (including change to which all of their rights are specifically preserved. In the event of non-approval, terminationrelease provided herein), or cancellation of is otherwise terminated, then (1) this Settlement Agreement, LifeWorks shall be responsible for administration and notification costs incurred, if any, but Agreement shall have no other paymentlegal or persuasive effects and shall immediately become null and void, reimbursementand the Parties expressly agree to do whatever is necessary legally and procedurally to return the Litigation to its pre-settlement status, or other financial obligation including filing all necessary joint motions; (2) this settlement and all aspects of any kind it, including but not limited to, all negotiations, terms and documents created as a result of negotiations or the proposed settlement may not be used for any purpose in this or any other legal action unless the subject of that legal action is the settlement of the Litigation or any similar case; (3) the Litigation, and any similar case, shall revert to the same procedural and legal status existing immediately prior to the Parties entering into this Settlement Agreement; (4) the Settlement Class shall be automatically decertified, and the Parties shall take whatever action is appropriate so that the Parties can be restored to their pre-settlement positions; and (5) the Settlement Fund, less any administrative costs paid to the Settlement Administrator at that time, shall be returned to Defendant within fourteen (14) calendar days.