Common use of Conditional Certification of the Settlement Class Clause in Contracts

Conditional Certification of the Settlement Class. 3.1 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 or of any defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class Member, or their respective counsel. 3.2 For further clarity, the Parties will agree to certification of the Settlement Class as described above solely for the purposes of the Settlement. The Parties’ stipulation to the certification of the Settlement Class is for purposes of this Agreement only. The Parties’ agreement to the certification of the Settlement Class solely for the purpose of this Agreement does not, and shall not, constitute, in this or any other proceeding, an admission by any of the Defendants or any of the other Released Parties of any kind or any determination that certification of a class for trial or other litigation purposes in the Action or any other separate action is, or would be, appropriate. If the Settlement is not granted a Final Approval Order or this Agreement is otherwise terminated or rendered null and void, the certification of the Settlement Class shall be automatically vacated and shall not constitute evidence or any determination that the requirements for certification of a class for trial or other litigation purposes in the Action or any other action are satisfied; in such circumstances, the Parties agree that Defendants have reserved all rights to challenge certification of any class or subclass for trial or other litigation purposes in the Action or in any other action on all available grounds as if no class had been certified in the Action for purposes of the Settlement. 3.3 For the purpose of implementing this Agreement, and for no other purpose, the

Conditional Certification of the Settlement Class. 3.1 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 or of any defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class Member, or their respective counsel. 3.2 For further clarity, the Parties will agree to certification of the Settlement Class as described above solely for the purposes of the Settlement. The Parties’ stipulation to the certification of the Settlement Class is for purposes of this Agreement only. The Parties’ agreement to the certification of the Settlement Class solely for the purpose of this Agreement does not, and shall not, constitute, in this or any other proceeding, an admission by any of the Defendants or any of the other Released Parties of any kind or any determination that certification of a class for trial or other litigation purposes in the Action or any other separate action is, or would be, appropriate. If the Settlement is not granted a Final Approval Order or this Agreement is otherwise terminated or rendered null and void, the certification of the Settlement Class shall be automatically vacated and shall not constitute evidence or any determination that the requirements for certification of a class for trial or other litigation purposes in the Action or any other action are satisfied; in such circumstances, the Parties agree that Defendants have reserved all rights to challenge certification of any class or subclass for trial or other litigation purposes in the Action or in any other action on all available grounds as if no class had been certified in the Action for purposes of the Settlement.the 3.3 For the purpose of implementing this Agreement, and for no other purpose, thethe Parties stipulate to the conditional certification of the Settlement Class in this Action as set forth in the Proposed Preliminary Approval Order. If for any reason this Agreement should fail to become effective, the Parties’ agreement to certification of the Settlement Class provided for in this Section 3, or to any other class or subclass, shall be null and void, and the Parties, and the Released Parties, shall return to their respective positions in the Action before this Agreement was executed.

Conditional Certification of the Settlement Class. 3.1 This Agreement is for settlement 52. For purposes of this Settlement 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 or of any defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class MemberCounsel shall move the Court in the Preliminary Approval Motion to certify the Settlement Class, or their respective counselas defined above, under Rules 23(a), 23(b)(3), and 23(e) of the Federal Rules of Civil Procedure; to appoint Plaintiffs as the Settlement Class Representatives; and to appoint Settlement Class Counsel as counsel for the Settlement Class. 3.2 For further clarity, the Parties will agree 53. Chase agrees not to oppose certification of the Settlement Class as described above solely for Class, or the purposes of the Settlement. The Parties’ stipulation to the certification appointments of the Settlement Class is Representatives and Settlement Class Counsel, for purposes of this Agreement Settlement only. 54. The Parties’ agreement to In the certification of event that the Effective Date does not occur, any order certifying the Settlement Class solely for purposes of effectuating the purpose Settlement and the terms of this Agreement does notAgreement, and shall notall preliminary and/or final findings regarding that class certification order, constitute, in this or any other proceeding, an admission by any of the Defendants or any of the other Released Parties of any kind or any determination that certification of a class for trial or other litigation purposes in the Action or any other separate action is, or would be, appropriate. If the Settlement is not granted a Final Approval Order or this Agreement is otherwise terminated or rendered null and void, the certification of the Settlement Class shall be automatically vacated and shall not constitute evidence or any determination that upon notice of the requirements for certification of a class for trial or other litigation purposes in same to the Court, the Action or any other action are satisfied; shall proceed as though the Settlement Class had never been certified pursuant to this Agreement and such findings had never been made, and the Action shall return to the procedural status quo in such circumstancesaccordance with this paragraph. In addition, the Parties agree that Defendants have reserved all rights shall not be bound by this Agreement’s definition of the Settlement Class; the Parties shall not be permitted to challenge certification use the Settlement or this Agreement as evidence or otherwise in support of any class argument or subclass for trial or other litigation purposes in the Action or position in any other action on all available grounds motion, brief, hearing, appeal, or otherwise; and Chase shall retain its right to object to the maintenance of this Action as if no a class had been certified in action, the Action for purposes suitability of the Settlement. 3.3 For the purpose of implementing this AgreementPlaintiffs to serve as class representatives, and for no other purpose, thethe suitability of Settlement Class Counsel to serve as class counsel.

Conditional Certification of the Settlement Class. 3.1 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 or of any potential or asserted defense asserted in the Action; or (b) any wrongdoing, fault, violation of law, or liability on the part of any Party, Released Party, Settlement Class Member, or their respective counsel. 3.2 For further clarity, the Parties will agree to certification of the Settlement Class as described above solely for the purposes of the Settlement. The Parties’ stipulation to the certification of the Settlement Class is for purposes of this Agreement only. The Parties’ agreement to the certification of the Settlement Class solely for the purpose of this Agreement does not, and shall not, constitute, in this or any other proceeding, an admission by any of the Defendants Defendant or any of the other Released Parties of any kind or any determination that certification of a class for trial or other litigation purposes in the Action or any other separate action is, or would be, appropriate. If the Settlement is not granted a Final Approval Order or this Agreement is otherwise terminated or rendered null and void, the certification of the Settlement Class shall be automatically vacated and shall not constitute evidence or any determination that the requirements for certification of a class for trial or other litigation purposes in the Action or any other action are satisfied; in such circumstances, the Parties agree that Defendants have reserved all rights to challenge certification of any class or subclass for trial or other litigation purposes in the Action or in any other action on all available grounds as if no class had been certified in the Action for purposes of the Settlement.otherwise 3.3 For the purpose of implementing this Agreement, and for no other purpose, thethe Parties stipulate to the conditional certification of the Settlement Class in this Action as set forth in the Proposed Preliminary Approval Order. If for any reason this Agreement should fail to become effective, the Parties’ agreement to certification of the Settlement Class provided for in this Section III, or to any other class or subclass, shall be null and void, and the Parties, and the Released Parties, shall return to their respective positions in the Action before this Agreement was executed.