Common use of Certification of the Class Clause in Contracts

Certification of the Class. 2.1. This Agreement is for settlement purposes only, and neither the fact of nor any provision contained in this Agreement, nor any action taken hereunder, shall constitute or be construed as an admission of: (a) the validity of any claim or allegation by Plaintiff, or of any defense asserted by ▇▇▇▇▇, in the Action or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Class Member, or their respective counsel. 2.2. As part of the Motion for Preliminary Approval, Plaintiff will seek certification of the Class. ▇▇▇▇▇ hereby consents, solely for purposes of the Settlement, to the certification of the Class, to the appointment of Class Counsel, and to the approval of Plaintiff as a suitable representative of the Class; provided, however, that if the Court fails to approve this Settlement or the Settlement otherwise fails to be consummated, then ▇▇▇▇▇’▇ consent given in this provision shall be null and void and ▇▇▇▇▇ shall retain all rights it had immediately preceding the execution of this Agreement, including, without limitation, the right to object to all of the matters to which it is consenting in this provision and Agreement.