Common use of Certification is Conditional Clause in Contracts

Certification is Conditional. This certification is conditional on the Court’s approval of this Agreement. In the event the Court does not approve all terms of the Agreement, or if the Agreement is voluntarily or involuntarily terminated for any reason, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and shall be of no further force and effect and shall not be used or referred to for any purposes whatsoever in the Action or in any other case or controversy. And, in such an event, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to the rights of any and all parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant shall not be deemed to have waived any opposition or defenses it has to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment.

Certification is Conditional. This certification is for Settlement purposes only and is conditional on the Court’s approval of this Agreement. In the event the Court does not approve all terms of the Agreement, or if the that this Agreement is voluntarily or involuntarily terminated for any reasonpursuant to Section XI of this Agreement, then certification of the Settlement Class shall be void and this Agreement and all orders entered in connection therewith, including but not limited to any order conditionally certifying the Settlement Class, shall become null and void and void, shall be of no further force and effect effect, and shall not be used or referred to for any purposes whatsoever in the Action Xxxxxxxx Action, the other Neuriva Actions, or in any other case or controversycontroversy relating to the Challenged Representations. And, in such an eventIn the event the Court does not approve of all terms of the Agreement, this Agreement and all negotiations and proceedings related thereto shall be deemed to be without prejudice to and without waiver of the rights of any and all parties Parties hereto, who shall be restored to their respective positions as of the date of this Agreement, and Defendant the Settling Defendants shall not be deemed to have waived any opposition or defenses it has they have to any aspect of the claims asserted herein or to whether those claims are amenable to class-based treatment.