Class Counsel and Defendant s counsel shall request that after notice is completed, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein.
Class Counsel and Defendant s Counsel may review and approve any documents contemplated by the Settlement Agreement before they are sent. The Settlement Administrator may send no documents without first receiving written approval to do so from Class Counsel and
Class Counsel and Defendant s Counsel each agree to keep all information about the settlement administration process—including without limitation all information received pursuant to Paragraph 5 of this Agreement, such as claims reports, information concerning opt- outs, and the Class List—confidential and may use it only for purposes of effectuating this Agreement. Notwithstanding the foregoing, as required by the Court or to effectuate the intent of this Agreement, the Parties may disclose: Opt-outs, Objections, Claims and other documents needed to enforce the terms and conditions of this Agreement.
Class Counsel and Defendant s Counsel have conducted a thorough examination and investigation of the facts and law relating to the matters in the Litigation. Such investigation and discovery included requesting and receiving written discovery responses, examining hundreds of thousands of pages of Defendant’s documents, retaining 20+ expert witnesses and reviewing their expert reports, conducting more than 30 depositions, participating in days of hearings on the admissibility of expert testimony, and conducting two full class certification proceedings in the matter, including two full rounds of briefing and two lengthy hearings.
Class Counsel and Defendant shall take all steps necessary and appropriate to provide Class Members with the benefits to which they are entitled under the terms of the Settlement Agreement and pursuant to the Orders of the Court.
Class Counsel and Defendant s counsel will review the purported Requests for Exclusion and determine whether they meet the requirements of a valid Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself/herself/itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Administrator will maintain a database of all Requests for Exclusion, and will send written communications memorializing those Requests for Exclusion to Class Counsel and Defendant’s counsel. The Claim Administrator shall report the names of all such persons and entities requesting exclusion, and the VINs of the Settlement Class Vehicles owned or leased by the persons and entities requesting exclusion, to the Court, Class Counsel and Defendant’s Counsel at least eighteen (18) days prior to the Final Fairness Hearing, and the list of persons and entities deemed by the Court to have timely and properly excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment. WITHDRAWAL FROM SETTLEMENT Plaintiffs or Defendant shall have the option to withdraw from this Settlement Agreement, and to render it null and void, if any of the following occurs:
Class Counsel and Defendant inspect the Claim Forms and supporting documentation received by the Settlement Administrator at any time upon reasonable notice.
