Certification Without Prejudice Clause Samples

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Certification Without Prejudice. ‌ (1) In the event this Settlement Agreement is not approved, the Settlement Approval Order is not granted in the form as attached, or is terminated in accordance with its terms, the Parties agree that the prior certification of the Proceeding as a class proceeding against the Settling Defendants for settlement purposes, including the definition of the Settlement Class and the statement of the Common Issue, shall be without prejudice to any position that any of the Parties may later take on any issue in the Proceeding or any other litigation.
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Certification Without Prejudice. In the event the Agreement is terminated as provided herein, the Parties agree that the certification of the Action as a class proceeding was for the sole purpose of effecting the Settlement and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action.
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Certification Without Prejudice. 3.3.1 In the event this Settlement Agreement is not approved or is terminated in accordance with its terms, the Parties agree that the prior certification of the Proceeding as a class proceeding against the Defendant for settlement purposes, including the definition of the Settlement Class and the statement of the Common Issue, shall be without prejudice to any position that either of the Parties may later take on any issue in the Proceeding or any other litigation.
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Certification Without Prejudice. (1) The Parties agree that the certification of this Action as a class proceeding in accordance with Section 8.1 hereof is for the sole purpose of effecting the Settlement. In the event this Agreement is terminated as provided herein, the certification order will be vacated or set aside as set out herein, and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action including in a subsequent certification motion. Particularly, the fact of the Settling Defendants’ consent to certification for settlement purposes shall not be referenced in any way in the further prosecution of the action, nor shall such consent be deemed to be an admission by any Settling Defendant that the Plaintiffs have met any of the requisite criteria for certification of the Action as a class proceeding.
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Certification Without Prejudice. In the event the Settlement Agreement is terminated in accordance with section 11.1, the Parties agree that the certification of the Actions as class proceedings shall be without prejudice to any position that any of the Parties may later take on any issue in the Actions.
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Certification Without Prejudice. The Parties agree that the granting of certification of the Action as a class proceeding in accordance with Sections 9.1-9.2 hereof is for the sole purpose of effecting the Settlement. In the event that this Agreement is terminated as provided herein, the Certification and First Notice Order shall be vacated or set aside to the extent of the order granting leave to proceed and certifying this Action as a class proceeding for the purposes of implementing this Agreement, and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action including in subsequent certification motions. In particular, the fact of the Defendants' consent to certification for settlement purposes shall not be referenced in any way in the further prosecution of the Action, nor shall such consent be deemed to be an admission by the Defendants, or any of them, that the Plaintiffs have met any of the requisite criteria for granting certification of the Action as a class proceeding.
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Related to Certification Without Prejudice

  • Without prejudice to Paragraph 6.1, University’s liability to the Licensee for all losses or damage of any kind howsoever caused shall be limited to the aggregate total amount received by University from Licensee under this Agreement as at the date of such breach.

  • Without prejudice all proceedings and disclosures will be conducted and made without prejudice to the rights and positions of the parties in any subsequent arbitration or other legal proceedings;

  • Without prejudice to the generality of Clause 10.1, GO Power shall, in relation to any Personal Data processed in connection with the performance by GO Power of its obligations under this Agreement: (a) process that Personal Data only on the written instructions of the Customer unless GO Power is required by any applicable data processing laws to process Personal Data; (b) process that Personal Data only to the extent necessary for the legitimate interest of GO Power and its specified third parties, and as required for the performance of this Agreement and the rights of GO Power under it; (c) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); (d) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; (e) not transfer any Personal Data outside of the United Kingdom unless the consent of the Customer has been obtained and the following conditions are fulfilled: (i) the Customer or GO Power has provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) GO Power complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and (iv) GO Power complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data; (f) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (g) notify the Customer without undue delay on becoming aware of a Personal Data breach; AND (h) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Agreement unless required by Applicable Data Processing Law to store the Personal Data;

  • Without prejudice to Clause 10.1 above, this Clause shall remain in full force and effect notwithstanding any discharge, release or termination of this Pledge (whether or not in accordance with Clause 7.1 of this Pledge Agreement).

  • Without Prejudice or Precedent The parties to the Committee agree that any discussion at the Committee will be on a without-prejudice and without-precedent basis, unless agreed otherwise.