Common use of Preliminary Approval Proceedings Clause in Contracts

Preliminary Approval Proceedings. (i) Within 14 days of ACT confirming in writing to Class Counsel that all ACT examinees will be able, going forward, to enroll in EOS in the same manner during the process of registering to take the ACT Test and to be assigned ACT ID numbers, without regard to whether an examinee will test with or without accommodations and without regard to whether an examinee has or does not have any disabilities (the “Confirmation of Completion of Changes”), Plaintiffs shall apply to the Court for a Preliminary Approval Order. The Confirmation of Completion of Changes will inform Class Counsel the date on which ACT completed the changes (the “Date of Completion of Changes”). This Settlement Agreement shall remain confidential until such time as ACT has provided the Confirmation of Completion of Changes to Class Counsel and Plaintiffs apply to the Court for a Preliminary Approval Order. (ii) In the event that ACT is not able to make and provide Confirmation of Completion of Changes on or before September 1, 2020, due to technological difficulties or other unforeseen circumstances, Defense Counsel shall notify Class Counsel and ACT shall have a one-time extension to October 1, 2020 to provide a Certification of Completion. If ACT is unable to provide a Certification of Completion by December 1, 2020 and the Parties are unable to resolve the timing of the Certification of Completion amongst themselves, the Parties shall submit the issue to the Court to weigh the balance of equities as between ACT and the settlement class members at the time of submission and make a decision as to when the Confirmation of Completion of Changes shall be completed.