Binding Effect of Settlement. Although a Class Member might not timely submit 28 a Claim or an Objection or a Request for Exclusion because of inability to locate the Class Member’s 1 current address, or for other reasons beyond the Class Member’s control, that Class Member shall 2 nonetheless be bound by this Agreement.
Binding Effect of Settlement. The Supporting Parties recognize that a full, final and binding resolution of the Released Claims will be of immediate and continuing benefit to all Settlement Parties, and to The Peninsula as a whole, by removing the burden of costly, uncertain and potentially repetitive litigation, and by providing all Settlement Parties with greater certainty as to their future rights and obligations insofar as the Telecommunications Contracts and the Telecommunications System is concerned. The Supporting Parties further recognize that the settlement contemplated by this Agreement will not be fully effective in achieving the goals described above unless binding upon not just the Supporting Parties, but upon all Settlement Parties. The Supporting Parties would not be willing to enter into this Agreement or to effectuate the settlement contemplated hereby unless they were reasonably assured that the terms of this Agreement were made universally binding on all Settlement Parties. Accordingly, the Supporting Parties have agreed to undertake the Court approval process described in Section 8 of this Agreement and to obtain the Final Order therein described in order to consummate and confirm the terms of settlement set forth in this Agreement.
Binding Effect of Settlement. A Settlement Class Member who does not timely submit a Request for Exclusion shall be bound by this Agreement, including the releases in Section 8 below, even if the Settlement Class Member’s inability to timely submit a Request for Exclusion is the result of the inability of the Settlement Administrator to locate them or for other reasons beyond the Settlement Class Member’s control.
Binding Effect of Settlement. This Agreement shall be binding upon and inure to the benefit of the settling parties (including all Settlement Class Members who do not opt out of the settlement described in this Agreement), their respective agents, attorneys, insurers, employees, representatives, officers, directors, partners, divisions, subsidiaries, affiliates, associates, assigns, heirs, successors in interest and shareholders and any trustee or other officer appointed in the event of a bankruptcy.
Binding Effect of Settlement. The Parties recognize that a full, final and binding resolution of the Released Claims will be of immediate and continuing benefit to all Parties, and to The Villages of Five Points as a whole, by removing the burden of costly, uncertain and potentially repetitive litigation, and by providing all Parties with greater certainty as to their future rights and obligations insofar as the assessments on the Class A Members of the Association is concerned. The Parties further recognize that the settlement contemplated by this Agreement will not be fully effective in achieving the goals described above unless binding upon not just the Parties, but upon all persons who are bound by the Declaration of Covenants, Conditions and Restrictions for The Villages of Five Points (the “Declaration”), including all Class A, C and D Members of the Association (collectively, the “Members”). The Parties would not be willing to enter into this Agreement or to effectuate the settlement contemplated hereby unless they were reasonably assured that the terms of this Agreement were made universally binding on all Members. Accordingly, the Parties have agreed to undertake the Court approval process described in Section 7 of this Agreement and to obtain the Final Order therein described in order to consummate and confirm the terms of settlement set forth in this Agreement.
Binding Effect of Settlement. Any California Class Member who does not affirmatively opt out of the Settlement by submitting a timely and valid Request for Exclusion will be bound by all of its terms, including those pertaining to the Released Claims, as well as any Judgment that may be entered by the Court if it grants final approval to the Settlement. Any Class Member who opts out from the Settlement pursuant to the terms of this Agreement shall not be permitted to object to the settlement, shall not receive any Individual Settlement Payments, and shall not be bound by the release provisions in this Agreement or the applicable release provisions in any order granting Final Approval. Any FLSA Class Member who affirmatively opts into the Settlement by cashing, depositing or otherwise negotiating his or her FLSA Individual Settlement Payment will be bound by the terms of the Settlement pertaining to the release of claims under the FLSA, as well as any Judgment that may be entered by the Court if it grants final approval to the Settlement. Any FLSA Class Member who does not affrimatively opt into the Settlement in accordance with the terms of the Settlement shall not be bound by the FLSA release provisions in this Agreement or the applicable release provisions in any order granting Final Approval. All checks to FLSA Class Members pursuant to the Settlement must be cashed within forty-five (45) days after the date it is mailed by the Settlement Administrator. If an FLSA Class Member’s check remains uncashed by the expiration of the forty-five (45) days after issuance of the Notice and check, the Settlement Administrator will void the check, and the corresponding funds shall revert to the Net Settlement Amount attributable to the California Class as defined herein. The Parties understand and agree that only Participating FLSA Class Members will release FLSA claims.
Binding Effect of Settlement. The Parties recognize that a full, final and binding resolution of the Released Claims will be of immediate and continuing benefit to all Parties, and to The Villages of Five Points as a whole, by removing the burden of costly, uncertain and potentially repetitive litigation, and by providing all Parties with greater certainty as to their future rights and obligations insofar as the assessments on the Class A Members of the Association is concerned. The Parties further recognize that the settlement contemplated by this Agreement will not be fully effective in achieving the goals described above unless binding upon not just the Parties, but upon all persons who are bound by the Declaration of Covenants, Conditions and Restrictions for The Villages of Five Points (the “Declaration”), including all Class A, C and D Members of the Association (collectively, the “Members”). The Parties would not be willing to enter into this Agreement or to effectuate the settlement contemplated hereby unless they were reasonably assured that the terms of this Agreement were made universally binding on all Members. Accordingly, the Parties have agreed to undertake the Court approval process described in Section 7 of this Agreement and to obtain the Final Order therein described in order to consummate and confirm the terms of settlement set forth in this Agreement.
Binding Effect of Settlement. Any California Class Member who does not affirmatively opt out of the Settlement by submitting a timely and valid Request for Exclusion will be bound by all of its terms, including those pertaining to the Released Claims, as well as any Judgment that may be entered by the Court if it grants final approval to the Settlement. Any Class Member who opts out from the Settlement pursuant to the terms of this Agreement shall not be permitted to object to the settlement, shall not receive any Individual Settlement Payments, and shall not be bound by the release provisions in this Agreement or the applicable release provisions in any order granting Final Approval. Any FLSA Class Member who affirmatively opts into the Settlement by cashing, depositing or otherwise negotiating his or her FLSA Individual Settlement Payment will be bound by the terms of the Settlement pertaining to the release of claims under the FLSA, as well as any Judgment that may be entered by the Court if it grants final approval to the Settlement. Any FLSA Class Member who does not affrimatively opt into the Settlement in accordance with the terms of the Settlement shall not be bound by the FLSA release provisions in this Agreement or the applicable release provisions in any order granting Final Approval. All checks to FLSA Class Members pursuant to the Settlement must be cashed within forty-five (45) days after the date it is mailed by the Settlement Administrator. If an FLSA Class Member’s check remains uncashed by the expiration of the forty-five (45) days after issuance of the Notice and check, the Settlement Administrator will void the check, and the corresponding funds shall revert to the Net Settlement Amount attributable to the California Class as defined herein. The Parties understand and agree that only Participating FLSA Class Members will release FLSA claims.
