Common use of COMMUNICATIONS WITH THE SETTLEMENT CLASS Clause in Contracts

COMMUNICATIONS WITH THE SETTLEMENT CLASS. The Class Notice shall list the addresses, telephone numbers, e-mail addresses, websites, and other contact information of Class Counsel and the Settlement Administrator. Other than as provided in this Settlement Agreement, communications with Settlement Class Members relating to the Lawsuits or this Settlement, after preliminary certification of the class, shall be handled through Class Counsel and the Settlement Administrator. Nothing in this Settlement Agreement shall be construed: (a) to prevent Windsor from communicating orally, electronically, or in writing with potential Settlement Class Members in the ordinary course of business on matters unrelated to the Lawsuit; or (b) to prevent Windsor from communicating with Settlement Class Members regarding WindsorONE Traditional trim in direct response to a consumer call, email or post. The Parties agree that, subject to the conditions set forth herein, they shall be permitted to respond to any and all media inquiries provided that said responses do not disparage Windsor, Windsor’s counsel, WindsorONE Traditional, or any of Windsor’s products, Named Plaintiffs, Named Plaintiffs’ counsel, the merits of Named Plaintiffs’ claims, or the Settlement. In addition, prior to making any responsive public statements to any media or press outlets, the Parties shall first obtain prior written approval from the other Parties of the statement to be made, or the talking points to be used; and, such approval shall not be unreasonably withheld. Named Plaintiffs and their counsel shall also refrain from disparaging Windsor, Windsor’s counsel, WindsorONE Traditional, or any of Windsor’s products in any non-media forum. Further, nothing in this provision shall preclude or limit Windsor from engaging in any and all marketing, public relations, sales and other activities in their normal course of business, or from continuing to dispute the proposition that WindsorONE Traditional is inappropriate for exterior use or defective in any way.

Appears in 1 contract

Sources: Settlement Agreement

COMMUNICATIONS WITH THE SETTLEMENT CLASS. The Class Notice shall list the addresses, telephone numbers, e-mail addresses, websites, and other contact information of Class Counsel and the Settlement Administrator. Other than as provided in this Settlement Agreement, communications with Settlement Class Members relating to the Lawsuits Lawsuit or this Settlement, after preliminary certification of the class, shall be handled through Class Counsel and the Settlement Administrator. Nothing in this Settlement Agreement shall be construed: (a) to prevent Windsor Defendants from communicating orally, electronically, or in writing with potential Settlement Class Members in the ordinary course of business on matters unrelated to the Lawsuit; or (b) to prevent Windsor Defendants from communicating with Settlement Class Members regarding WindsorONE Traditional trim WEN Hair Care Products in direct response to a consumer call, email or postpost (in which case Defendants will only provide hair treatment or care advice to a consumer who used WEN Hair Care Products, or direct a Settlement Class Member to the Settlement Administrator or the Settlement Website). The Parties agree that, subject to the conditions set forth herein, they shall be permitted to respond to any and all media inquiries provided that said responses do not disparage WindsorDefendants, Windsor’s Defendants’ counsel, WindsorONE TraditionalWEN Haircare Products, or any of Windsor’s products, Named Plaintiffs, Named Plaintiffs’ counsel, the merits of Named Plaintiffs’ claims, or the Settlement. In addition, prior to making any responsive public statements to any media or press outlets, the Parties shall first obtain prior written approval from the other Parties of the statement to be made, or the talking points to be used; and, such approval shall not be unreasonably withheld. Named Plaintiffs and their counsel shall also refrain from disparaging WindsorPlaintiffs’ Counsel hereby expressly approve of Defendants’ prior media statement regarding the tentative settlement of this litigation, Windsor’s counselalong with the language contained within the May 5, WindsorONE Traditional, or any of Windsor’s products in any non-media forum2016 Joint Status Report. Further, nothing in this provision shall preclude or limit Windsor Defendants from engaging in any and all marketing, public relations, sales and other activities in their normal course of business, or from continuing to dispute the proposition that WindsorONE Traditional is inappropriate for exterior use WEN Hair Care Products are unsafe or defective in any waythat they cause hair loss or hair breakage.

Appears in 1 contract

Sources: Settlement Agreement