Common use of Final Judgment and Order Clause in Contracts

Final Judgment and Order. If the Settlement Agreement is preliminarily approved by the Court following a hearing, the Parties shall jointly request at the fairness hearing that the Court enter the Final Judgment and Order. The fairness hearing shall be held no earlier than fourteen (14) days after the deadline for all members of the Settlement Class to opt out or object under paragraphs 16 and 17 of this Agreement. A copy of the form of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit C. That order shall provide, inter alia, that: a. The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class; b. The Notice fully complied with the requirements of 735 ILCS 5/2-803 and due process, constituted the best notice practicable under the circumstances, and was due and sufficient notice to all persons entitled to notice of this Settlement; c. The Released Claims and the Litigation are dismissed with prejudice as to all Released Parties, without fees or costs except as provided in this Settlement Agreement; d. Plaintiff and members of the Settlement Class are permanently enjoined and barred from commencing or prosecuting any action asserting any of the Related Claims, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other authority or forum wherever located. Any person or entity who knowingly violates such injunction shall pay the attorneys’ fees and costs incurred by CorVel or any other Released Party as a result of the violation; and e. The Court shall retain exclusive jurisdiction over this Litigation, the Parties, and all members of the Settlement Class to determine all matters relating in any way to the Final Judgment and Order, the Preliminary Approval Order, or the Settlement Agreement, including but not limited to the administration, implementation, interpretation, or enforcement of such orders or Agreement.

Final Judgment and Order. If At the Settlement Agreement is preliminarily approved by the Court following a hearingFinal Approval Hearing, the Parties Plaintiff shall jointly request at the fairness hearing that the Court enter final judgment in the Lawsuit (the “Final Judgment and Order. The fairness hearing shall be held no earlier than fourteen (14) days after the deadline for all members of the Settlement Class to opt out or object under paragraphs 16 and 17 of this Agreement”). A copy of the form of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit C. 7. That order shall provide, inter alia, Final Judgment and Order generally provides that: a. (a) The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class; b. (b) The Court approves awards for the Class Counsel Payment, the Expenses, and the class representative incentive award, and that the Settlement Administrator shall pay those amounts in accordance with the Settlement Agreement; (c) The Settlement Notice and the Publication Notice attached hereto as Exhibits 1 and 2 fully complied comply with the requirements of 735 ILCS 5/2due process and the New Mexico statute governing class notice (NMRA 1-803 and due process023(c)(2)), constituted constitute the best notice practicable under the circumstances, and was constitute due and sufficient notice to all persons entitled to notice of this Settlement;the settlement of the c. (d) The Released Claims and the Litigation are Lawsuit is dismissed with prejudice as to all Released Partiesin accordance with the Settlement Agreement, without fees fees, expenses, or costs except as expressly provided in this Settlement Agreement; d. (e) Plaintiff and members all Settlement Class (other than those who opt out of the Settlement Class as provided in this Settlement Agreement) are permanently enjoined and barred from commencing or prosecuting any action asserting any of the Related Released Claims, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other authority or forum wherever located. Any person or entity who knowingly violates such this injunction shall pay the costs and attorneys’ fees and costs incurred by CorVel or any other Released Party ▇▇▇▇▇▇▇ as a result of the violation; (f) The Settlement Administrator shall administer the Settlement in accordance with the terms of the Settlement Agreement; and e. The (g) Notwithstanding the dismissal of the Lawsuit, the Court shall retain exclusive continuing jurisdiction over this Litigationaction, the Parties, and all members of the Settlement Class Members to determine all matters relating in any way to the Final Judgment and Order, the Preliminary Approval Order, or and/or the Settlement Agreement, including but not limited to the their administration, implementation, interpretation, interpretation or enforcement of such orders or Agreementenforcement.