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

Conditional Certification of the Settlement Class. 3.1 The Parties agree that the ▇▇▇▇▇▇▇ Action, the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action may each be certified as class actions under Fed. R. Civ. P. 23(a) and (b)(3) in accordance with the terms of this Agreement and without prejudice to NAPG’s right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to transfer the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action such that those actions are before the same judge and in the same Court as the ▇▇▇▇▇▇▇ Action. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to consolidate the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action with and into the ▇▇▇▇▇▇▇ Action. If the Settlement is not approved or this Agreement fails to be fully implemented, NAPG reserves all rights to object to any subsequent motion to certify a class in this or any other lawsuit and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by NAPG or to have any kind of preclusive effect against NAPG or to give rise to any form of estoppel or waiver by NAPG in these actions or any other proceeding. 3.2 NAPG expressly denies any and all liability and/or wrongdoing with respect to any and all of the claims alleged in these lawsuits and any similar lawsuits and enters into this Settlement solely to compromise a disputed claim. Accordingly, any references to the alleged business practices of NAPG in this Settlement, this Agreement or the related Court hearings and processes shall raise no inference respecting the propriety of those business practices or any other business practices of NAPG.

Conditional Certification of the Settlement Class. 3.1 The Parties agree that the ▇▇▇▇▇▇▇ Action, the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action may each be certified as a class actions action under Fed. R. Civ. P. 23(a) and (b)(3) solely for purposes of settlement in accordance with the terms of this Agreement and without prejudice to NAPGAllstate’s right to contest class certification in the event that this Agreement fails to become effective or is not fully implemented in accordance with its terms. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to transfer the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action such that those actions are before the same judge and in the same Court as the ▇▇▇▇▇▇▇ Action. The Parties agree that, in order to effectuate the Settlement and class certification, it may be necessary for the Parties to consolidate the ▇▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, the ▇▇▇▇▇ Action, and the ▇▇▇▇ Action with and into the ▇▇▇▇▇▇▇ Action. If the Settlement is not approved or this Agreement fails to be fully implemented, NAPG reserves the Allstate Companies reserve all rights to object to any subsequent motion to certify a class in this or any other lawsuit and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by NAPG the Allstate Companies or to have any kind of preclusive effect against NAPG the Allstate Companies or to give rise to any form of estoppel or waiver by NAPG the Allstate Companies in these actions this action or any other proceeding. 3.2 NAPG The Allstate Companies expressly denies deny any and all liability and/or wrongdoing with respect to any and all of the claims alleged in these lawsuits this lawsuit and any similar lawsuits lawsuit and enters enter into this Settlement solely to compromise a disputed claimclaims. Accordingly, any references to the alleged business practices of NAPG the Allstate Companies in this Settlement, this Agreement or the related Court hearings and processes shall raise no inference respecting the propriety of those business practices or any other business practices of NAPGthe Allstate Companies. 3.3 Nothing contained in this Agreement shall preclude any of the Allstate Companies from asserting coverage or other applicable defenses in claims that are not subject to this Agreement, and the Allstate Companies expressly reserve the right to assert such defenses.