Defendants and Defendants Clause Samples
The 'Defendants and Defendants' clause defines who is considered a defendant in the context of the agreement or legal proceeding. It typically clarifies whether the term 'defendants' refers to multiple parties collectively or individually, and may specify how responsibilities, liabilities, or obligations are distributed among them. For example, it might state that all named defendants are jointly and severally liable for any claims or damages. This clause ensures clarity regarding the parties involved and helps prevent disputes over the interpretation of who is subject to the agreement's terms or legal actions.
Defendants and Defendants. Counsel shall use reasonable efforts to respond timely to written requests, including by e- mail, from the Settlement Administrator for readily accessible data that are reasonably necessary to determine the feasibility of administering the Plan of Allocation or to implement the Plan of Allocation. The actual and reasonable expenses of any third party, including the Plan’s recordkeeper(s), that are necessary to perform such work shall be Administrative Expenses to be paid solely from the Gross Settlement Amount.
Defendants and Defendants. Releasees shall have no responsibility for the Plan of Allocation or any application for attorneys’ fees or expenses submitted by Lead Counsel or Lead Plaintiff, and such matters will be considered separately from the fairness, reasonableness, and adequacy of the Settlement. Any decision or proceeding with respect to an application for attorneys’ fees or reimbursement of Litigation Expenses or with respect to any plan of allocation shall not affect the finality of any Judgment or Alternate Judgment, if applicable.
Defendants and Defendants. Counsel take no position with respect to the Plan of Allocation. The Court’s approval of the Settlement is independent from its approval of the Plan of Allocation. Approval of the Plan of Allocation is not a condition of the Settlement.
Defendants and Defendants. Counsel shall use reasonable efforts to respond timely to written requests, including by e-mail, from the Settlement Administrator for readily accessible data that are reasonably necessary to determine the feasibility of administering the Plan of Allocation or to implement the Plan of Allocation. The actual and reasonable expenses of any third party, including the Plan’s recordkeeper(s), that are necessary to perform such work shall be Administrative Expenses to be paid solely from the Gross Settlement Amount.
3.5.1 The Settlement Administrator shall be bound by the Confidentiality Agreement and any further non-disclosure or security protocol required by the Settling Parties.
3.5.2 The Settlement Administrator shall use the data provided by Defendants and the Plan’s recordkeeper(s) solely for the purpose of meeting its obligations as Settlement Administrator, and for no other purpose.
3.5.3 At the request of the Settling Parties, the Settlement Administrator shall provide a written protocol concerning how the Settlement Administrator will maintain and store information provided to it in order to ensure that reasonable and necessary precautions are taken to safeguard the privacy and security of such information.
Defendants and Defendants. Releasees shall have no responsibility for the allocation among Lead Plaintiff’s Counsel, Lead Plaintiff, and/or any other Person who may assert some claim thereto, of any Fee and Expense Award or award to the Lead Plaintiff, that the Court may make in the Action.
Defendants and Defendants. Counsel shall not be responsible for or liable for any acts of Plaintiffs' Co-Lead Counsel.