THE JUDGMENT Clause Samples

THE JUDGMENT. A. Defendant hereby consents to the entry of judgment in favor of Plaintiffs in the aggregate amount of four million five hundred thousand dollars ($4,500,000) (the "Judgment Amount"). The parties shall execute the Stipulation for Entry of Judgment annexed as Exhibit A hereto and the judgment arising there from is referred to in this Agreement as the Judgment.

THE JUDGMENT. 9.1. Following the issuance of Notice, Plaintiff shall file with the Court a motion for final approval of the Settlement and entry of a Judgment substantially in the form of Exhibit B hereto. Should Plaintiff so request, and solely for the purposes of settlement, the Defendants shall join in requesting final approval of the Settlement and entry of a Judgment substantially in the form of Exhibit B hereto.

THE JUDGMENT. If, at or after the Settlement Hearing, the Settlement Agreement is approved by the Court, the Parties shall submit to the Court the Judgment:‌ 1. Ratifying the certification of the Settlement Class and approving the Settlement Agreement, judging its terms to be fair, reasonable, and adequate and in the best interests of the Settlement Class Members, directing its consummation in accordance with its terms, and reserving continuing jurisdiction to implement, enforce, administer, effectuate, interpret, monitor, and ensure compliance with the provisions of the Settlement Agreement and the Judgment; 2. Ordering the parties to carry out or complete the provisions of this Settlement Agreement;‌ 3. Dismissing the Action as to the Defendant on the merits, with prejudice and without costs (except as otherwise provided herein) and releasing the claims of the Settlement Class Members as described in Section II(L) herein; 4. Barring and permanently enjoining the Settlement Class Members from prosecuting any action in state or federal court against Defendant and its predecessors, successors, shareholders, parents, subsidiaries, affiliates, present or former officers, directors, partners, insurers, employees, associates, agents, attorneys, representatives, heirs, successors, assigns, and administrators with respect to any and all individual or class claims to be released pursuant to Section II(L) herein; 5. Determining the Judgment to be Final.

THE JUDGMENT. 9.1. Following the issuance of Notice, Plaintiffs shall file with the Court a motion for final approval of the Settlement and entry of a Judgment substantially in the form of Exhibit B hereto. Should Plaintiffs so request, the Settling Defendants shall join in requesting final approval of the Settlement and entry of a Judgment substantially in the form of Exhibit B hereto. 9.2. The Settling Parties understand and agree that the entry of a bar order is integral to and an essential term of the settlement and, as such, the Judgment will contain a bar order as specified in paragraphs 16-17 of Exhibit B hereto. 9.3. The Judgment will provide that the Non-Settling Defendants shall be entitled to a reduction of any judgment that may be entered against them in this Action equal to the greater of: (i) the Settlement Amount; or (ii) the Released Defendant Persons’ proportionate share of the fault.

THE JUDGMENT. Defendant for at least one day, during the Class Period.

THE JUDGMENT. If, at or after the Fairness Hearing, the Settlement Agreement is approved by the Court, Plaintiffs shall promptly submit to the Court the Judgment: 1. Ratifying the certification of the Settlement Class and approving the Settlement, judging its terms to be fair, reasonable, adequate and in the best interests of the Settlement Class Members, directing its consummation in accordance with its terms, and reserving continuing jurisdiction to implement, enforce, administer, effectuate, interpret, monitor and ensure compliance with the provisions of this Settlement Agreement and the Judgment; 2. Dismissing the Action on the merits, with prejudice and without costs (except as otherwise provided herein), and releasing the Released Claims; 3. Permanently barring and enjoining Plaintiffs and Settlement Class Members from asserting, commencing, prosecuting, maintaining, or continuing (as members of a class action or otherwise) any of the Released Claims; 4. Providing for Defendants’ waivers of the limitation of liability provisions (Article 6 of each of the XCP ▇▇▇▇ and the MediaMax 5.0 ▇▇▇▇; Article 4.1 of the MediaMax 3.0 ▇▇▇▇), and the New York forum selection clauses (Article 10 of each of the XCP ▇▇▇▇ and the MediaMax 5.0 ▇▇▇▇; Article 6.1 of the MediaMax 3.0 ▇▇▇▇) of the EULAs, only to the extent that a person pursues non-Released Claims against Defendants on an individual, as opposed to class action or mass action, basis; and 5. Containing findings based on the record and confirmatory discovery obtained by Plaintiffs’ Class Counsel that the scope of the class and the releases are appropriate in light of concerns that non-Released Claims for consequential damages to a computer or network, as provided in Section II.O, may raise questions concerning the predominance and manageability requirements under Federal Rule of Civil Procedure 23(b)(3).