Common use of CERTIFICATION FOR SETTLEMENT ONLY Clause in Contracts

CERTIFICATION FOR SETTLEMENT ONLY. The NSTAR Entities do not consent to certification of the Settlement Classes for any purpose other than to effectuate the settlement of the Action. If this Settlement Agreement is terminated pursuant to its terms, or the Settlement does not become final for any reason, the order certifying the Settlement Classes, and all preliminary and/or final findings regarding the Court’s provisional class certification order, shall be automatically vacated upon notice of same to the Court, and the Action shall proceed as though the Settlement Classes had never been certified and such findings had never been made, without prejudice to any party to either request or oppose class certification on any basis, including but not limited to lack of jurisdiction. In such event, the NSTAR Entities shall also be entitled to raise any jurisdictional or other challenges or defenses to the complaint or any claims for legal or equitable relief or damages of any kind, and Plaintiffs, Class Counsel and members of the Settlement Classes shall be barred and estopped from asserting that the NSTAR Entities’ conduct or actions in negotiating and proposing the Settlement through and including the termination of the Settlement constituted a waiver or other bar (including but not limited to laches) to the assertion of any such challenges or defenses.