Obligation of Class Counsel Regarding Released Claims and Other Actions. (1) If, at any time after the Execution Date, Class Counsel or the Plaintiffs become aware of any steps being taken in any Other Actions to advance, prosecute or litigate Released Claims against one or more of the Releasees, Class Counsel shall, on notice to the Settling Defendants, seek prompt and appropriate case management steps (including, if reasonably requested by the Settling Defendants, the seeking of a stay by Class Counsel under the applicable class proceedings legislation) in order to uphold this Settlement Agreement, the Final Orders, and to otherwise prevent interference with the Proceedings. Notwithstanding this paragraph, Class Counsel shall have no obligation to seek any relief in respect of any Other Action where they do not have standing under applicable law to do so. (2) If requested by the Settling Defendants, Class Counsel shall support any application by the Settling Defendants to seek recognition and enforcement of the Settlement Agreement and Final Orders in any province or territory.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Obligation of Class Counsel Regarding Released Claims and Other Actions. (1) If, at any time after the Execution Date, Class Counsel or the Plaintiffs become aware of any steps being taken in any Other Actions to advance, prosecute or litigate Released Claims against one or more of the Releasees, Class Counsel shall, on notice to the Settling DefendantsDefendant, seek prompt and appropriate case management steps (including, if reasonably requested by the Settling DefendantsDefendant, the seeking by Class Counsel of a stay by Class Counsel of any or all Other Action(s), under the applicable class proceedings legislation) in order to uphold this Settlement Agreement, the Final Orders, and to otherwise prevent interference with the Proceedings. Notwithstanding this paragraph, Class Counsel shall have no obligation to seek any relief in respect of any Other Action where they do not have standing under applicable law to do so.
(2) If requested by the Settling DefendantsDefendant, Class Counsel shall support any application by the Settling Defendants Defendant to seek recognition and enforcement of the Settlement Agreement and Final Orders in any province or territory.
Appears in 1 contract
Sources: Settlement Agreement
Obligation of Class Counsel Regarding Released Claims and Other Actions. β
(1) If, at any time after the Execution Date, Class Counsel or the Plaintiffs become aware of any steps being taken in any Other Actions to advance, prosecute or litigate Released Claims against one or more of the Releasees, Class Counsel shall, on notice to the Settling Defendants, seek prompt and appropriate case management steps (including, if reasonably requested by the Settling Defendants, the seeking of a stay by Class Counsel under the applicable class proceedings legislation) in order to uphold this Settlement Agreement, the Final Orders, and to otherwise prevent interference with the Proceedings. Notwithstanding this paragraph, Class Counsel shall have no obligation to seek any relief in respect of any Other Action where they do not have standing under applicable law to do so.
(2) If requested by the Settling Defendants, Class Counsel shall support any application by the Settling Defendants to seek recognition and enforcement of the Settlement Agreement and Final Orders in any province or territory.
Appears in 1 contract
Sources: Settlement Agreement