Preliminary Approval and Final Approval Clause Samples

The "Preliminary Approval and Final Approval" clause establishes a two-stage process for reviewing and accepting work, products, or documents under an agreement. Initially, the party receiving the deliverable conducts a preliminary review to identify any issues or required changes, after which the provider addresses these concerns. Once the deliverable meets the agreed standards, final approval is granted, signifying formal acceptance. This clause ensures that deliverables meet quality expectations before being officially accepted, reducing the risk of disputes over incomplete or unsatisfactory work.
Preliminary Approval and Final Approval. 4.1 This Agreement shall be subject to approval of the Court. As set forth in Section 14, Defendant shall have the right to terminate this Agreement if the Court does not approve all material aspects of this Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for entry of an Order conditionally certifying the Settlement Class, granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry of the Preliminary Approval Order. The Preliminary Approval Order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Program set forth in Section 6.3. The Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of this Agreement and its implementing documents (including all exhibits to this Agreement) so long as they are consistent in all material respects with the terms of the Final Order and Judgment set forth below and do not limit or impair the rights of the Class. 4.3 The Parties shall request that the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases as set forth herein. 4.4 Within fourteen (14) Days after the Objection and Exclusion Deadline, or by another date if directed by the Court, Plaintiffs shall: (a) move for final approval of the Settlement;
View SourceView Similar (6)
Preliminary Approval and Final Approval. 67. Plaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibits, to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 68. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing and approve the settlement of the Action as set forth herein. 69. At least sixteen court days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiffs will move for (1) final approval of the Settlement; (2) final appointment of the Class Representatives and Class Counsel; and (3) final certification of the Settlement Class, including for the entry of a Final Order and Judgment identical in all material respects to the proposed Final Order and Judgment, and file a memorandum in support of the motion for final approval.
View SourceView Similar (5)
Preliminary Approval and Final Approval. As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D, or an order substantially similar to such form, requesting, inter alia:
View SourceView Similar (4)
Preliminary Approval and Final Approval. 6.01 As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit A, or an order substantially similar to such form, requesting, inter alia: (i) certification of the Settlement Class for settlement purposes only; (ii) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling of a Final Approval Hearing; (iv) appointment of ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ of ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, PC, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ of ▇▇▇▇▇▇ & ▇▇▇▇▇▇, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇, Esq. of ▇▇▇▇▇▇▇▇▇ Law Group, APC as Class Counsel; (v) appointment of the Representative Plaintiffs as settlement class representatives; (vi) approval of the Notice Program; (vii) approval of a publication notice form (“Publication Notice”) substantially similar to the one attached hereto as Exhibit B and long form notice (“Long Notice”) substantially similar to the one attached hereto as Exhibit C, which together shall include a fair summary of the Parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the Settlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (viii) appointment of the Settlement Administrator; and (ix) approval of a claim form substantially similar to that attached hereto as Exhibit D.
View SourceView Similar (4)
Preliminary Approval and Final Approval. A. On or before November 6, 2012, Plaintiffs will move the Court for entry of the Preliminary Approval Order. 1. As part of the motion for preliminary approval, Plaintiffs shall ask the Court to enter an order (a) preliminarily certifying the Class as provided for in this Settlement Agreement; (b) appointing ▇▇▇▇▇▇ ▇▇▇▇▇, LLP, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Sellers & Toll PLLC and ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ as Class Counsel; and (c) appointing ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ as the class representatives. 2. Plaintiffs shall also ask the Court to enter an order requiring any Class Member who wishes to opt-out of the settlement to serve a written Request for Exclusion on Class Counsel, which must be postmarked or delivered by the deadline set by the Court. Such opt-out rights may only be exercised individually by a Class Member personally and not by another acting in a representative capacity. Any such exclusion request shall include: (i) the Member’s full name and current address and telephone number, (ii) the Member’s Club membership number, (iii) the Member’s personal signature, and (iv) a specific and clear statement of his or her desire to be excluded from the settlement. Failure to comply with these requirements will result in the Class Member being bound by the terms of the Settlement Agreement. Any Class Member who timely excludes themselves from the settlement shall not be bound by the Settlement Agreement, may not file an objection to the settlement and shall be deemed to have waived any rights or benefits under the Settlement Agreement. 3. Plaintiffs shall also ask the Court to enter an order requiring any Class Member who wishes to have his or her objection to the settlement or the attorneys’ fee and expense award considered by the Court to file with the Court a written notice of objection and contemporaneously serve Class Counsel and Defendants’ Counsel by the deadline set by the Court. Such right to object may only be exercised individually by a Class Member. To state a valid objection to the settlement or the requested attorneys’ fee and expense award, an objecting Class Member must provide the following information in his or her written objection: (i) the Member’s full name and current address and telephone number, (ii) the Member’s Club membership number, (iii) the Member’s personal signature, (iv) a specific and clear statement of the position(s) the objector wishes to assert, including the factual and legal groun...
View Source
Preliminary Approval and Final Approval. 3 1. On April 22, 2021, the Named Plaintiffs shall submit to the Court a Motion 4 5 Approval Motion shall seek the setting of dates for opt-outs, objections, and a Fairness Hearing 6 and shall present this Agreement and all Exhibits thereto, including the [Proposed] Order 7 Granting Preliminary Approval attached hereto as Exhibit E. 8 2. The Parties, through their respective counsel, agree to use their best efforts 9 on a joint basis to obtain prompt entry of the Preliminary Approval Order. The Parties, through 10 their respective counsel, also agree to recommend to the Court on a joint basis that, in their 11 respective professional opinions, the Settlement Agreement is reasonable and appropriate, in the 12 best interests of justice, that the Parties have bargained for the terms in the Settlement Agreement, 13 and that no section or subsection of this Settlement Agreement should be modified or stricken. 14 3. If Preliminary Approval is granted, a briefing schedule and Final Approval 15 Hearing date will be set, and the Parties will propose that the Court hold the Final Approval 16 Hearing approximately 90 days after Preliminary Approval is granted. 17 4. The Named Plaintiffs shall file a Motion for Final Approval and for 18 Certification of the Settlement Class. The Motion will be due fifteen (15) days before the close of 19 the Objection Period and Opt-Out Period, and the Named Plaintiffs may file reply briefing in 20 support of Final Approval one week after the close of the Objection Period and Opt-Out Period.
View Source
Preliminary Approval and Final Approval. 6.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Settlement Agreement together with its Exhibits to the Court and shall move the Court for preliminary approval of the settlement set forth in this Settlement Agreement by entry of a Preliminary Approval Order substantially in the form of Exhibit 2, which order shall, inter alia, (a) Preliminarily approve the Settlement Agreement; (b) Appoint ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ of Cotchett, Pitre, & ▇▇▇▇▇▇▇▇ LLP and ▇▇▇▇▇▇▇
View Source
Preliminary Approval and Final Approval 
View SourceView Similar (22)

Related to Preliminary Approval and Final Approval

  • Preliminary Approval 50. Upon execution of this Agreement by all signatories, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to this Agreement. The motion for preliminary approval shall request that the Court: (1) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notice; (4) approve the procedures set forth in Section VII for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5) stay the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards (“Final Approval Hearing”). 51. Within 10 days of the filing of the motion for preliminary approval, SPE, at its own expense, shall serve or cause to be served a notice of the proposed Settlement, in conformance with the requirements under the Class Action ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇(▇) (“CAFA”).

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Approval/Non-Approval We will notify you whether your Application has been approved or denied within 14 days after the date we receive a completed Application. Notification may be in person or by mail or telephone unless you have requested that notification be by mail. You must not assume approval until you receive actual notice of approval. The 14-day time period may be changed only by separate written agreement.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Final Approval After Acceptance, Engineer shall perform any required modifications, changes, alterations, corrections, redesigns, and additional work necessary to receive Final Approval by the County. "Final Approval" in this sense shall mean formal recognition that the Engineering Services have been fully carried out.