Other Provisions and Considerations Clause Samples

Other Provisions and Considerations. The terms of this settlement expire eight months after the Court’s approval order. This settlement does not seek any money from the Government on behalf of the Class, except to reimburse Plaintiffs’ attorneys for $193,000 of their fees and costs in bringing this lawsuit. If the settlement agreement is approved, the claims brought by the Named Plaintiff will be considered settled for all Class Members. If the settlement agreement is approved, you will not be able to sue ICE or the SCDOC separately for injunctive relief about the same legal claims in this lawsuit. However, this settlement does not prevent Class Members from bringing individual lawsuits seeking money from Defendants for ▇▇▇▇▇ suffered while in their custody, or to bring other legal challenges for the basis of a Class Member’s detention unrelated to COVID-19. All of the terms of the proposed settlement are subject to Court approval at a “Final Approval Hearing,” which is explained below. A copy of this settlement agreement is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇- ▇▇.▇▇▇/▇▇/▇▇▇▇▇/▇▇▇▇▇▇-et-al-v-us-department-homeland-security or, if this Notice was mailed, is enclosed. If you are satisfied with the settlement’s terms, you don’t have to do anything. If you are not satisfied with the settlement, you do not have the right to opt out of the settlement. But you do have the right to file an objection asking the Court to deny approval for the settlement. The Court can only approve or deny the settlement; it cannot change the terms of the settlement. If the Court denies approval, Plaintiffs and Defendants will attempt to renegotiate the settlement. If no further settlement can be reached, the lawsuit will continue in court. If that is what you want to happen, you must object. If you object, you must do so in writing. If you object in writing, you may also appear at the Final Approval Hearing (explained below), either in person or through your own attorney. The requirement that you first submit a written objection before you can appear in court may be excused upon a showing of good cause. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must: • Clearly identify the following case name and number: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, 1:20-cv-453- LM (D.N.H.); • Include the Class Member’s name; • Include an explanation of why the Class Member objects to the settlement, including why they are not satisfied, any supporting documents, and ...
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Related to Other Provisions and Considerations

  • Limitations and Conditions on Benefits The benefits and payments provided under this Agreement shall be subject to the following terms and limitations:

  • Other Provisions Applicable to Adjustments The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock into which this Warrant is exercisable and the Current Warrant Price provided for in Section 4:

  • Other Provisions Applicable to Adjustments Under this Section 4. The following provisions shall be applicable to the making of adjustments in the Warrant Price hereinbefore provided in Section 4:

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 16 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103. 22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract. 26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended. 30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). ▇▇▇▇▇▇▇▇▇▇ agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI 2 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract.

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.