NOTICE OF PROPOSED SETTLEMENT Clause Samples
The NOTICE OF PROPOSED SETTLEMENT clause requires parties to formally inform relevant stakeholders when a settlement agreement is being considered or has been reached. Typically, this notice is provided to affected parties, such as class members in a class action lawsuit, or to regulatory bodies, and includes details about the terms of the proposed settlement and the process for objecting or participating. The core function of this clause is to ensure transparency and provide an opportunity for interested parties to review, comment on, or contest the settlement before it is finalized, thereby protecting their rights and interests.
NOTICE OF PROPOSED SETTLEMENT. 4.1 Following Preliminary Approval of this Settlement Agreement, the Parties shall provide Notice of the proposed Settlement as required by Federal Rule of Civil Procedure 23(e) and as required by the Court. The Parties will recommend to the Court that the Notice be provided as follows:
4.1.1 Comcast will provide notice of the proposed Settlement to Current Subscribers in their monthly ▇▇▇▇. A summary notice shall be given to all Current Subscribers by including in one complete billing cycle of Comcast bills either a “notice insert” in a form substantially similar to Exhibit “D” or an email in a form substantially similar to Exhibit “E” for Current Subscribers who receive paperless invoices. The summary notice will direct Current Subscribers to a Settlement website that will have a more complete explanation of the Settlement terms. Comcast agrees to manage the process of providing mailed or emailed notice to Current Subscribers in their monthly bills and bear the costs of providing such notice.
4.1.2 Notice of the proposed Settlement will be provided to Former Subscribers by publication of a notice in the newspaper(s) or magazine(s) detailed in Exhibit “F” and on television stations. Class Counsel agrees to manage the process of providing publication notice to Former Subscribers and bear the costs of providing such notice. Comcast shall have the right to make reasonable objection to the timing and placement of any televised notice. If Comcast’s objection remains after conferring with Class Counsel, either Plaintiff or Comcast may promptly bring the issue to the attention of the Court, which will have final say over the objection.
4.1.3 Notice also shall be provided to Class Members by establishing an Internet Settlement website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ within thirty (30) days of Preliminary Approval that will display, inter alia, the following: (i) a Notice in a form substantially similar to Exhibit “G”; (ii) contact information for Class Counsel, in the form of firm name, attorney name, a phone number, address, e-mail address, and website address; (iii) a complete copy of the Settlement Agreement; (iv) frequently asked questions; and (v) Claim Forms for Current Subscribers and Former Subscribers that can be submitted electronically. Class Counsel agrees to manage the process of providing website notice and bear the costs of providing such notice.
4.2 The Parties will use reasonable efforts to ensure that the summary notice (as referred to in subparagrap...
NOTICE OF PROPOSED SETTLEMENT. 12.1. The Parties agree that reasonable notice of this Agreement, consistent with law, including the Due Process requirements of the United States Constitution, must be given to the members of the Settlement Class.
12.2. The Parties have developed a notice plan with the prospective Claims Administrator as described in Exhibit 5.
12.3. Notice will be targeted to homeowners, and specifically, to homeowners where the greatest concentration of Siding was sold; to homeowners where ▇▇▇▇▇▇ has received its greatest concentration of warranty claims; and to owners of houses known or suspected to have been built with the Siding. Notice will also be targeted to participants in the supply chain (distributors, retailers, builders).
12.4. The Parties have agreed to engage the Claims Administrator to give notice to the Settlement Class. The cost of the Claims Administrator’s notice activities will be paid out of the Settlement Fund.
12.5. Additionally, any Party may also engage in any effort of its own, at any time, to give additional notice, at its own expense.
12.6. Notice will be given over an appropriate time, with two overlapping goals: (1) the intent to maximize Settlement Class Members’ right to be heard prior to the Agreement’s Effective Date, including through objecting or seeking exclusion, and (2) the intent to ensure continued notice throughout the Claims Submission Period so that Claimants whose claims arise in the future are reminded of and remain aware of the availability of benefits under this Agreement.
12.7. Lead Counsel and ▇▇▇▇▇▇ may confer on the notice plan and make adjustments as necessary, so as to learn from the response rates to various forms of notice.
NOTICE OF PROPOSED SETTLEMENT. MPI shall set a record date (the "Record Date"), which shall be no later than the 15th day following entry of the Scheduling Order, to determine the MPI Common Stockholders who shall be entitled to receive the Settlement Notice and to determine the Potential Settlement Class Members who shall be afforded an opportunity to opt out of the Settlement. Promptly after the Record Date, MPI shall cause the Settlement Notice to be sent to the Plaintiff, each Potential Settlement Class Member, and each MPI Common Stockholder as of the Record Date in the manner directed and approved by the Court. Costs of printing, mailing and publication of the Settlement Notice shall be paid by MPI. MPI will instruct its transfer agent to distribute a copy of the Settlement Notice together with any certificates of shares of MPI Preferred Stock that may be issued after the Record Date. The Settlement Notice shall direct brokers, nominees and others who hold of record for the account of another to provide copies of the Settlement Notice to any persons for whose account they purchase MPI Preferred Stock after the Record Date.
NOTICE OF PROPOSED SETTLEMENT. 6.1 The Settlement Administrator will certify the number and identity of the Settlement Class Members under the Settlement Class definitions, and compile final Settlement Class Member lists for each of the Settlement Classes. To assist in this process, Defendants shall provide, within thirty (30) days after entry of the Preliminary Approval Order, Settlement Class Member lists in readable electronic form to the Settlement Administrator. For each Settlement Class Member, Defendants shall provide, to the extent available, the name and last known address. In preparing the Settlement Class Member lists, Defendants shall use reasonable, good faith efforts to identify Settlement Class Members. The Settlement Administrator shall ensure that the information that it receives from Defendants and Settlement Class Members is secured and managed in such a way as to protect the security and confidentiality of the information, consistent with the privacy policies of Defendants and applicable law. Except as specifically provided in this Agreement, the Settlement Administrator shall not disclose or disseminate any information that it receives from Defendants and Settlement Class Members without the prior written consent of all Parties.
NOTICE OF PROPOSED SETTLEMENT. If the RandH Buyers decide to settle any Product Warranty Claim, then the RandH Buyers will give the Ferro Sellers written notice of such decision. Such notice will provide the Ferro Sellers with (1) full particulars of the Product Warranty Claim, (2) the basis for the RandH Buyers' decision, (3) the payment or credit which the RandH Buyers propose to offer in settlement thereof, and (4) any amount which the RandH Buyers believe they are entitled to recover from the Ferro Sellers or to credit against the RandH Product Warranty Deductible (as defined in Section 8.4(E)(1) below) as a result of such proposed settlement.
NOTICE OF PROPOSED SETTLEMENT. 4.1 Following Preliminary Approval of this Settlement Agreement, the Parties shall provide Notice of the proposed Settlement as required by Federal Rule of Civil Procedure 23(e) and as required by the Court. The Parties will recommend to the Court that the Notice be provided as follows:
4.1.1 Notice will be provided to Eligible Persons by publication of a notice in the newspaper(s) or magazine(s) detailed in Exhibit E within fourteen (14) days of Preliminary Approval Order.
4.1.2 Notice also shall be provided to Eligible Persons by the Settlement Administrator establishing an Internet Settlement Website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ within fourteen (14) days of Preliminary Approval that will display, inter alia, the following: (i) a Notice in a form substantially similar to Exhibit E; (ii) contact information for Class Counsel, in the form of firm name, attorney name, a phone number, address, e-mail address, and website address; (iii) a complete copy of the Settlement Agreement; and (iv) frequently asked questions.
4.1.3 Notice also shall be provided through a Digital Media Campaign, which will target likely Eligible Persons in the St. Louis, Missouri area by placing ads on various digital media platforms notifying likely Eligible Persons of the Settlement, including social media networks, and will contain a link to the case website for additional details, including the Long Form Notice.
4.1.4 Notice also shall be provided by mailed Postcard notice to all known Eligible Persons within fourteen (14) days of Preliminary Approval Order.
4.2 Class Counsel and their co-counsel may also publish the Notice and information about the Settlement, as well as a link to the Settlement Website, on their respective firm’s websites. Additionally, Class Counsel and their co-counsel may advise Plaintiffs and Eligible Persons of the terms of the Settlement and provide assistance in the making of claims thereunder.
NOTICE OF PROPOSED SETTLEMENT. 12.1 The cost of notice to Settlement Class Members shall be paid by GAF pursuant to subsection 12.5. Coordinating Class Counsel and GAF agree that reasonable notice consistent with the due process requirements of the United States Constitution shall be given to the Settlement Class pursuant to orders of the Court that so provide. To effectuate such notice, Class Counsel and GAF have agreed to engage ▇▇▇▇▇▇▇▇ Media to advise them with respect to the providing of notice. Such notice shall include, but not be limited to, publication of summary notices as set forth in subsection 12.2 and mailing of long-form notices as set forth in subsection