Common use of The Settlement Class Clause in Contracts

The Settlement Class. 2.1 For the purposes of this Settlement only, the Parties stipulate and agree that: (a) the Class shall be certified in accordance with the definition contained in Section 2.2, below; (b) Plaintiffs shall represent the Class for settlement purposes and shall be appointed as the Class Representatives; and (c) Plaintiffs’ Counsel shall be appointed as Class Counsel. 2.2 Subject to Court approval, the following Class shall be certified for settlement purposes: All Illinois residents who appeared in a photograph in Google Photos at any time between May 1, 2015 and the date of Preliminary Approval. Excluded from the Class are: (a) any judge, magistrate, or mediator presiding over the Google Photos BIPA Cases and members of their families; (b) Defendant, Defendant’s subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest; (c) Class Counsel; and (d) the legal representatives, successors or assigns of any such excluded persons. 2.3 Defendant conditionally agrees and consents to certification of the Settlement Class for settlement purposes only, and within the context of this Agreement only. If this Agreement, for any reason, is not finally approved or is otherwise terminated, then (a) Defendant reserves the right to assert any and all objections and defenses to certification of a class; (b) neither this Agreement FILED DATE: 4/14/2022 8:11 PM 2019CH00990 nor any Order or other action relating to this Agreement shall be offered by any person as evidence in support of a motion to certify a class for a purpose other than settlement; (c) the Settlement proposed herein shall become null and void and shall have no legal effect and may never be mentioned at trial or in dispositive or class motions or motion papers; and (d) the Parties will return to their respective positions existing immediately before the execution of this Agreement. 2.4 To the fullest extent permitted by law, neither the fact of, nor any provision contained in, this Agreement or its attachments, nor any action taken hereunder shall constitute, be construed as, or be admissible in evidence as, any admission of the validity of any claim or any fact alleged by Plaintiffs in the Google Photos BIPA Cases or in any other pending or subsequently filed action, or of any wrongdoing, fault, violation of law or liability of any kind on the part of Defendant or admission by any of the Parties of the validity or lack thereof of any claim, allegation or defense asserted in the Google Photos BIPA Cases or in any other action.