Agreed Implementation Procedures Sample Clauses

Agreed Implementation Procedures. The Parties agree to implement this settlement through the following agreed procedures: (a) Plaintiffs have filed a putative class action lawsuit in McHenry County Circuit Court, under Case No. 2023LA000172, asserting violation of BIPA and, on behalf of each Plaintiff, the Complaint seeks, among other relief, statutory penalties under BIPA (the “Lawsuit”). (b) Plaintiff’s Counsel shall submit to the Court a motion for preliminary approval of this Agreement, including the Class Notice, and for certification of the Settlement Class. The motion shall seek entry of a Preliminary Approval Order substantially in the form as Exhibit 4. (c) If the Court preliminarily approves the Class Settlement, Defendant will proceed with the settlement process, notwithstanding any meritorious defenses it may have otherwise raised to liability under BIPA, and will deposit the Settlement Fund with the Settlement Administrator within 10 days of the Preliminary Approval of Settlement. (d) Class Procedure to be Presented to the Court: (1) The Parties will propose and seek approval for a Settlement Administrator as provided above in paragraph 4(d). (2) The Class Notice, attached as Exhibit 2 and 3, will reflect the material financial terms as set forth in this Agreement. (3) Class administration shall be governed by the following agreed terms: (i) Within seven (7) calendar days after the Court enters the Preliminary Approval Order, Defendant will provide the names, last known addresses, email addresses (if known), social security numbers (to issue 1099s to all Class Members who receive a Settlement Payment) and last known phone numbers (if known) of Class Members to the Settlement Administrator. The Settlement Administrator shall take all reasonable steps to obtain contact information for any Class Members for whom Defendant cannot provide contact information, if any. The Settlement Administrator shall keep all information confidential and shall not disclose any information except as necessary in carrying out its administration of this Agreement. (ii) Within thirty (30) days after Preliminary Approval of the Settlement, the Administrator shall send class Notice to Settlement Class Members by electronic means, if possible, and U.S. Postal Service, with the Settlement Administrator validating addresses and using reverse look up to obtain any missing mailing addresses.1 (iii) Within thirty (30) days after Preliminary Approval of the Settlement, the Settlement Administrator shall create...
Sample 1
AutoNDA by SimpleDocs

Related to Agreed Implementation Procedures

  • Definitions As used in this Agreement:

  • NOW, THEREFORE the parties hereto agree as follows:

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!