Common use of FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT Clause in Contracts

FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT. A. This Agreement is subject to and conditioned upon: (1) the issuance by the Court of the Final Judgment and Order Approving Settlement that finally certifies the Settlement Class for purposes of settlement only, grants final approval of the Settlement, and provides the relief specified in this Agreement, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder; (2) the occurrence of the Effective Date; and (3) the Parties’ performance of their continuing rights and obligations hereunder. B. The Final Judgment and Order Approving Settlement shall be substantially in the form to be agreed upon by the Parties and shall: 1. Confirm the final certification, for settlement purposes only, of the Settlement Class; 2. Confirm the compliance of the Settlement Class with all requirements of Missouri Rule of Civil Procedure 52.08, including confirmation of the adequacy of Class Counsel and the representation of Class Representative as representative of the Settlement Class; 3. Confirm that the Notice Plan complied in all respects with the requirements of due process and Missouri Rule of Civil Procedure 52.08(c)(2) by providing due, adequate, and sufficient notice to the Settlement Class; 4. Determine that the Agreement is entered into in good faith, is reasonable, fair, and adequate, and is in the best interests of the Settlement Class; 5. Decree that neither the Final Judgment and Order Approving Settlement nor this Agreement constitutes an admission by Defendants of any liability or wrongdoing whatsoever; 6. Release each Released Party from the Released Claims as provided in the Agreement; 7. Bar and enjoin all Releasing Parties from asserting against any Released Party any Released Claim and bar and enjoin all Settlement Class Members who did not opt-out from initiating or pursuing any claim or action barred by this Settlement and Agreement and release contained herein; 8. Incorporate or refer to the Release set forth in this Agreement and make the Release effective upon the Effective Date; 9. Retain the Court’s continuing and exclusive jurisdiction over the Parties to the Agreement, including all Settlement Class Members, to construe and enforce the Agreement in accordance with its terms for the mutual benefit of the Parties; and 10. Dismiss the Action with prejudice.

FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT. A. This Agreement is subject to and conditioned upon: (1) the issuance by the Court of the Final Judgment and Order Approving Settlement that finally certifies the Settlement Class for purposes of settlement only, grants final approval of the Settlement, and provides the relief specified in this Agreement, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder; (2) the occurrence of the Effective Date; and (3) the Parties’ performance of their continuing rights and obligations hereunder. B. The Final Judgment and Order Approving Settlement shall be substantially in the form to be agreed upon by the Parties and shall: 1. Confirm the final certification, for settlement purposes only, of the Settlement Class; 2. Confirm the compliance of the Settlement Class with all requirements of Missouri Rule Section 382 of the California Code of Civil Procedure 52.08Procedure, including confirmation of the adequacy of Class Counsel and the representation of Class Representative Representatives as representative of the Settlement Class; 3. Confirm that the Notice Plan complied in all respects with the requirements of due process and Missouri Rule of Civil Procedure 52.08(c)(2Rules 3.766 and 3.769(e)-(f) by providing due, adequate, and sufficient notice to the Settlement Class; 4. Determine that the Agreement is entered into in good faith, is reasonable, fair, and adequate, and is in the best interests of the Settlement Class; 5. Decree that neither the Final Judgment and Order Approving Settlement nor this Agreement constitutes an admission by Defendants Good Health® of any liability or wrongdoing whatsoever; 6. Release each Released Party from the Released Claims as provided in the Agreement; 7. Bar and enjoin all Releasing Parties from asserting against any Released Party any Released Claim and bar and enjoin all Settlement Class Members who did not opt-out from initiating or pursuing any claim or action barred by this Settlement and Agreement and release contained hereinthe Released Claim; 8. Incorporate or refer to the Release set forth in this Agreement and make the Release effective upon the Effective Date;; and, 9. Retain the Court’s continuing and exclusive jurisdiction over the Parties to the Agreement, including all Settlement Class Members, to construe and enforce the Agreement in accordance with its terms for the mutual benefit of the Parties; and 10. Dismiss the Action with prejudice.