Common use of Conditional Class Certification for Settlement Purposes Only Clause in Contracts

Conditional Class Certification for Settlement Purposes Only. a. 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, be construed as, or be admissible in evidence as an admission of (i) the validity of any claim or Allegation by any Plaintiff, or of any defense asserted by ▇▇▇▇▇▇▇▇ in the Action or any other proceedings; (ii) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released Person, or their respective counsel; or (iii) the propriety of class certification. b. For the sole and limited purpose of settlement, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, or be used for any purpose in the Action, or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement. c. The Court’s certification of the Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action or any other proceeding unless and until the Court enters a Judgment. Regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. d. In the event the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered void, the Parties’ agreement to certification of the Class for settlement purposes shall be void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified. e. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a Judgment, or the Effective Date does not occur, nor shall anything herein be admissible in any proceeding to certify this or any other class in any other court under any circumstances. f. Subject to the Court’s approval, and for settlement purposes only, ▇▇▇▇▇▇▇▇ consents to the appointment of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as Class Representative of the Class, and to appointment of ▇▇▇▇▇▇▇ Law & Policy of Irvington, New York as Class Counsel. g. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted out of the Agreement from proceeding with any competing claims against the Released Persons related or similar to the Allegations in this Action. h. Upon final approval of the Agreement by the Court, a Judgment substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement above, will be entered by the Court.

Conditional Class Certification for Settlement Purposes Only. a. 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, be construed as, or be admissible in evidence as an admission of (i1) the validity of any claim or Allegation allegation by ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Yee, the plaintiff(s) in any PlaintiffRelated Action, or any Class Member, or of any defense asserted by ▇▇▇▇▇▇▇▇ Monsanto in the Action these or any other actions or proceedings; (ii2) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released Person, Class Member or their respective counsel; or (iii3) the propriety of class certificationcertification in the Action, Related Actions, or any other action or proceeding. b. 2. For the sole and limited purpose of settlementsettlement only, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, kind or be used for any purpose in the Action, Related Actions, or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement. c. 3. The Court’s certification of the Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action Action, Related Actions, or any other proceeding unless and until the Court enters a Judgment. Regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. d. 4. In the event the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Class for settlement purposes shall be null and void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified. e. 5. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a Judgment, or the Effective Date does not occur, nor shall anything herein be admissible in any proceeding to certify this or any other class classes in any other court under any circumstances. f. 6. Subject to the Court’s approval, and for settlement purposes only, ▇▇▇▇▇▇▇▇ Monsanto consents to the appointment of ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇ as Class Representative Representatives of the Class, and to the appointment of ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Law & Policy ▇. ▇▇▇▇, and any attorneys at their firms assisting in the representation of Irvington, New York the Class in this Action as Class Counsel. g. 7. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted opted-out of the Agreement from proceeding with any competing claims against the Released Persons related or similar to the Allegations those claims that are asserted in this Action. h. 8. Upon final approval of the Agreement by the Court, a Judgment substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement Judgment above, will be entered by the Court.

Conditional Class Certification for Settlement Purposes Only. a. 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, be construed as, or be admissible in evidence as an admission of of: (i1) the validity of any claim or Allegation allegation by Martin, Rawa, the plaintiff(s) in any PlaintiffRelated Action, or any Class Member, or of any defense asserted by ▇▇▇▇▇▇▇▇ Monsanto in the Action these or any other actions or proceedings; (ii2) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released PersonParty, Class Member or their respective counsel; or (iii3) the propriety of class certificationcertification in the Actions, Related Actions, or any other action or proceeding. b. 2. For the sole and limited purpose of settlementsettlement only, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, kind or be used for any purpose in the ActionActions, Related Actions, or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Class shall be vacated, and the Action Actions shall proceed as it they existed prior to execution of this Agreement. c. 3. The Court’s certification of the Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action Actions, Related Actions, or any other proceeding unless and until the Court enters a Judgment. Regardless , and regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. d. 4. In the event the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Class for settlement purposes shall be null and void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified; provided, however, that the class in ▇▇▇▇▇▇ will remain, subject to any future motions, oppositions, or defenses by Monsanto on any available grounds. e. 5. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a Judgment, or the Effective Date does not occur, nor shall anything herein be admissible in any proceeding to certify this or any other class classes in any other court under any circumstances. f. 6. Subject to the Court’s approval, and for settlement purposes only, ▇▇▇▇▇▇▇▇ Monsanto consents to the appointment of ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ as Class Representative of the Class▇▇▇▇, and to appointment of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ Law & Policy ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Jr., and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ as Class Representatives of Irvingtonthe Class, New York and the appointment of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, III, and any attorneys at their firms assisting in the representation of the Class in this Action, as Class Counsel. g. 7. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted opted-out of the Agreement from proceeding with any competing claims against the Released Monsanto Persons and/or Released Scotts Persons related or similar to the Allegations those claims that are asserted in this ActionActions. h. 8. Upon final approval of the Agreement by the Court, a Judgment substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement above, will be entered by the Court, providing for the dismissal of the Actions with prejudice.

Conditional Class Certification for Settlement Purposes Only. a. 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, be construed as, or be admissible in evidence as an admission of (i1) the validity of any claim or Allegation allegation by ▇▇▇▇▇, ▇▇▇▇▇▇ Bonilla, Yee, the plaintiff(s) in any PlaintiffRelated Action, or any Class Member, or of any defense asserted by ▇▇▇▇▇▇▇▇ Monsanto in the Action these or any other actions or proceedings; (ii2) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released Person, Class Member or their respective counsel; or (iii3) the propriety of class certificationcertification in the Action, Related Actions, or any other action or proceeding. b. 2. For the sole and limited purpose of settlementsettlement only, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, kind or be used for any purpose in the Action, Related Actions, or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement. c. 3. The Court’s certification of the Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action Action, Related Actions, or any other proceeding unless and until the Court enters a Judgment. Regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. d. 4. In the event the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Class for settlement purposes shall be null and void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified. e. 5. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a Judgment, or the Effective Date does not occur, nor shall anything herein be admissible in any proceeding to certify this or any other class classes in any other court under any circumstances. f. 6. Subject to the Court’s approval, and for settlement purposes only, ▇▇▇▇▇▇▇▇ Monsanto consents to the appointment of ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, and ▇▇▇ as Class Representative Representatives of the Class, and to the appointment of ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Law & Policy ▇. ▇▇▇▇, and any attorneys at their firms assisting in the representation of Irvington, New York the Class in this Action as Class Counsel. g. 7. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted opted-out of the Agreement from proceeding with any competing claims against the Released Persons related or similar to the Allegations those claims that are asserted in this Action. h. 8. Upon final approval of the Agreement by the Court, a Judgment substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement Judgment above, will be entered by the Court.

Conditional Class Certification for Settlement Purposes Only. a. A. 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, be construed as, or be admissible in evidence as an admission of of: (i1) the validity of any claim or Allegation allegation by Tran, Moran, ▇▇▇▇▇▇▇▇, or any PlaintiffSettlement Class Member, or of any defense asserted by ▇▇▇▇▇▇▇▇ Good Health® in the Action Good Health® Actions or any other proceedingsaction or proceeding; (ii2) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released PersonParty, Settlement Class Member or their respective counsel; or (iii3) the propriety of class certificationcertification in the Good Health® Actions or any other action or proceeding. b. B. For the sole and limited purpose of settlementthe Settlement only, the Parties stipulate to and request that the Court conditionally certify the Class under Federal Rule of Civil Procedure 23(b)(3)Settlement Class, which stipulation is contingent upon the occurrence of the Final Judgment and Order Approving Settlement and the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, an admission of any kind, kind or be used for any purpose in the Action, Good Health® Actions or in any other pending or future actionaction or proceeding. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reasonMoreover, the certification of the Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement. c. The Court’s certification of the Settlement Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action Good Health® Actions or any other action or proceeding unless and until the Court enters a Judgment. Regardless of whether Final Judgment and Order Approving Settlement and the Effective Date occurs, the . The Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. d. . In the event the Court does not enter a JudgmentFinal Judgment and Order Approving Settlement, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Settlement Class for settlement purposes shall be null and void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified. e. ; provided, however, that Tran, Moran, ▇▇▇▇▇▇▇▇, and Class Counsel may thereafter seek certification of the same or a new class or classes before this Court in the Consolidated Action, and Good Health® may oppose such certification on any available grounds. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a JudgmentFinal Judgment and Order Approving Settlement, or the Effective Date does not occur, nor shall anything herein be admissible in any action or proceeding to certify this or any other class classes in any other court under any circumstances. f. C. Subject to the Court’s approval, Court approval and for settlement purposes only, Good Health® consents to the appointment of Tran, Moran, and ▇▇▇▇▇▇▇▇ consents as Class Representatives of the Settlement Class and to the appointment of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ as Class Representative of the Class, and to appointment of ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ of CounselOne, P.C. and Chant Yedalian of Chant & Company A Professional Law & Policy of Irvington, New York Corporation as Class Counsel. g. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted out of the Agreement from proceeding with any competing claims against the Released Persons related or similar to the Allegations in this Action. h. D. Upon final approval of the Agreement Settlement by the Court, a the Final Judgment and Order Approving Settlement, substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement above, will be entered by the Court, providing for the Final Approval Order and Judgment of the Good Health® Actions.

Conditional Class Certification for Settlement Purposes Only. a. 1. For settlement purposes only, Plaintiffs agree to ask the Court to certify the Settlement Class under Rule 23(b)(3) of the Federal Rules of Civil Procedure. 2. This Agreement is for settlement purposes only, and neither the fact of, nor any provision contained in in, this Agreement, nor any action taken hereunder, shall constitute, be construed as, or be admissible in evidence as an admission of (i1) the validity of any claim Claim or Allegation allegation by any PlaintiffPlaintiffs, or of any defense asserted by ▇▇▇▇▇▇▇▇ Monsanto, in the this Action or any other actions or proceedings; (ii2) any wrongdoing, fault, violation of law, or liability of any kind on the part of any Party, Released PersonParty, Class Member, or their respective counsel; or (iii3) the propriety of class certificationcertification in the Action, Related Actions, or any other action or proceeding. b. 3. For the sole and limited purpose of settlementsettlement only, the Parties stipulate to and request that the Court conditionally certify the Settlement Class under Federal Rule of Civil Procedure 23(b)(3), which stipulation is contingent upon the occurrence of the Effective Date. Should the Effective Date not occur, this Agreement shall be void and will not constitute, be construed as, or be admissible in evidence as, as an admission of any kind, kind or be used for any purpose in the Action, Action or Related Actions or in any other pending or future action. In the event that the Agreement is terminated pursuant to its terms or the Final Settlement Hearing does not occur for any reason, the certification of the Settlement Class shall be vacated, and the Action shall proceed as it existed prior to execution of this Agreement. c. 4. The Court’s certification of the Settlement Class shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Agreement, Agreement and shall not be considered the law of the case, res judicata, or collateral estoppel in the Action Action, Related Actions, or any other proceeding unless and until the Court enters a Judgment. Regardless of whether the Effective Date occurs, the Parties’ agreement to class certification for settlement purposes only (and any statements or submissions made by the Parties in connection with seeking the Court’s approval of this Agreement) shall not be deemed to be a stipulation as to the propriety of class certification, or any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claimsClaims. d. 5. In the event that the Court does not enter a Judgment, or the Effective Date does not occur, or the Agreement is otherwise terminated or rendered null and void, the Parties’ agreement to certification of the Settlement Class for settlement purposes shall be null and void and the Court’s certification order (if any is ordered) shall be vacated, and thereafter no new class or classes will remain certified. e. 6. Nothing in this Agreement shall be argued as support for, or admissible in, an effort to certify any new class in this Court or any other court if the Court does not enter a Judgment, or the Effective Date does not occur, nor shall anything herein be admissible in any proceeding to certify this or any other class classes in any other court under any circumstances. f. 7. Subject to the Court’s approval, and for settlement purposes only, Monsanto consents to the appointment of Gilmore, Weeks, ▇▇▇▇▇▇, Hanna, Boyette, Ezcurra, Jewell, and ▇▇ consents to the appointment of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ as Class Representative Representatives of the Settlement Class, and to the appointment of ▇▇▇▇▇▇▇ Law & Policy Class Counsel as counsel for the Settlement Class. 8. Promptly following the filing of Irvingtona motion for preliminary approval of this Agreement, New York as Class Counsel shall make all reasonable and lawful efforts to ensure that plaintiffs in any pending Related Action or any other pending case with allegations and Claims similar to those in the Action consent to this Agreement and agree to stay or dismiss any such actions pending final approval of this Agreement. If for any reason, after Class Counsel’s reasonable efforts, such other plaintiffs will not consent to this Agreement and agree to stay or dismiss any such actions, or in the event that the court before which any such action is pending will not agree to a stipulated stay or dismissal, then Class Counsel shall reasonably cooperate with Monsanto in any effort to seek a stay of such actions so that notice, administration, and approval of this Agreement may proceed in an organized and efficient manner. g. The Preliminary Approval Order shall contain a provision enjoining Class Members who have not opted out of the Agreement from proceeding with any competing claims against the Released Persons related or similar to the Allegations in this Action. h. 9. Upon final approval of the Agreement by the Court, a Judgment substantially in the form agreed upon by the Parties, and conforming with the definition of Final Settlement Approval Order and Judgement Judgment above, will be entered by the Court.