Class Claims Sample Clauses

Class Claims. Upon entry of the Final Approval Order and Judgment, each Settlement Class Member, and each of their respective executors, representatives, heirs, successors, bankruptcy trustees, guardians, and all those who claim by or through them or who assert claims on their behalf, will be deemed to have completely released and forever discharged the Released Parties, and each of them, from all actions, causes of action, claims, demands, obligations, or liabilities of any and every kind that were or could have been asserted by the Class Representative or Class Members in connection with the submission of loss mitigation applications during the Class Period. This release includes, but is not limited to, claims for statutory or regulatory violations, the Real Estate Settlement Procedures Act, Regulation X, the Maryland Consumer Protection Act, unfair, abusive, or deceptive act or practice claims, tort, contract, or other common law claims, or violations of any other related or comparable federal, state, or local law, statute, or regulation, and any damages (including compensatory damages, special damages, consequential damages, punitive damages, statutory penalties, attorneys’ fees, costs) proximately caused by or attributable thereto, directly or indirectly, and any equitable, declaratory, injunctive, or any other form of relief arising thereunder, whether or not currently known, arising out of, based upon, or in any way related to the Settlement Class Members’ applications for loss mitigation submitted during the Class Period. Nothing in this Release or in the Agreement otherwise alters or affects the rights or obligations of any Class member and/or Nationstar with respect to any relationship with Nationstar, including, but not limited to, any Class Member’s continuing obligations on his or her residential mortgage loan serviced by Nationstar, or Nationstar’s rights with respect to such loan.
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Class Claims. Upon Final Approval, Class Representative, and each Class Member who has not timely opted out of the Settlement in accordance with the terms of this Agreement, and each of their respective executors, representatives, heirs, successors, bankruptcy trustees, guardians, and all those who claim by or through them or who assert claims on their behalf, will be deemed to have completely released and forever discharged the Released Parties, and each of them, from all actions, causes of action, claims, demands, obligations, or liabilities of any and every kind that were or could have been asserted in any form by Class Representative or Settlement Class Members, including but not limited to, statutory or regulatory violations, state or federal debt collection claims (including but not limited to violations of the Fair Debt Collection Practices Act and the California Xxxxxxxxx Act), unfair, abusive or deceptive act or practice claims, tort, contract, or other common law claims, or violations of any other related or comparable federal, state, or local law, statute or regulation, and any damages (including any compensatory damages, special damages, consequential damages, punitive damages, statutory penalties, attorneys’ fees, costs) proximately caused thereby or attributable thereto, directly or indirectly, and any equitable, declaratory, injunctive, or any other form of relief arising thereunder, whether or not currently known, arising out of, based upon or related in any way to the collection or attempted collection of Convenience Fees. Nothing in this Release or in the Agreement otherwise alters, changes or affects any Class Member’s continuing obligations on his or her mortgage loan with Rushmore, including any mortgage loan serviced by Rushmore, or in any way limit Rushmore’s rights with respect to such loan.
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Class Claims. Upon entry of the Final Approval Order and Judgment, each Settlement Class Member, and each of their respective executors, representatives, heirs, successors, bankruptcy trustees, guardians, and all those who claim by or through them or who assert claims on their behalf, will be deemed to have completely released and forever discharged the Released Parties, and each of them, from all actions, causes of action, claims, demands, obligations, or liabilities of any and every kind, whether known or unknown, fixed or contingent, arising out of or relating to any of the Collection Letters and/or credit reporting of the loans after a short sale or foreclosure that were or could have been asserted by the Class Representative or Class Members in the Action. This release includes, but is not limited to, claims for statutory or regulatory violations, the Xxxxxxxxx Fair Debt Collection Practices Act, the California Consumer Credit Reporting Agencies Act, the Unfair Competition Law, the False Advertising Law, unfair, abusive, or deceptive act or practice claims, tort, contract, or other common law claims, or violations of any other related or comparable federal, state, or local law, statute, or regulation, and any damages (including compensatory damages, special damages, consequential damages, punitive damages, statutory penalties, attorneys’ fees, costs) proximately caused by or attributable thereto, directly or indirectly, and any equitable, declaratory, injunctive, or any other form of relief.
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Class Claims. (1) a claim against Defendant CCCOE by Student Plaintiffs and the proposed Marchus Way Class for alleged violations of Cal. Ed. Code § 56000 et seq.; and (2) a claim against CCCOE Defendants by Student Plaintiffs and the proposed Marchus Way Class for alleged violations of Cal. Const. Art. I, § 13. The proposed Marchus Way Class is a proposed class of all Marchus students who are, have been in the last three years (as of May 13, 2019), or will be enrolled at Marchus;
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Class Claims. The Settlement Class Members shall be so notified in the Notice. This Paragraph 5 does not apply to any Settlement Class Member who timely and validly opt out of the Settlement 6 for purposes of Class Claims. Plaintiff, on behalf of herself and the Participating Settlement Class 7 Members, acknowledges and agrees that the claims for 1) failure to pay all minimum wages; 2) 8 failure to pay all overtime wages; 3) meal period violations; 4) rest period violations; 5) wage 9 statement violations; 6) failure to timely pay wages during employment and upon separation of 10 employment; 7) Unfair Competition Law violations are disputed. Plaintiff, on behalf of herself 11 and the Participating Settlement Class Members, acknowledges and agrees that California Labor 12 Code Section 206.5 is not applicable to the Parties hereto. Section 206.5 provides in pertinent 13 part as follows: 14 An employer shall not require the execution of any release of any claim or right on 15 account of wages due, or to become due, or made as an advance on wages to be 16 earned, unless payment of those wages has been made.
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Class Claims. The Parties hereby remise, release, quitclaim and forever discharge each other and their respective successors, assigns, affiliates, employees, agents, directors, officers, boards, divisions, bureaus, sections and all other related entities, whether or not officially constituted, of and from all and any manner of actions, causes of actions, judgments, suits, debts, accounts, and claims for services or fines, monies, fees, expenses and/or other amounts, arising out of or relating to the P.V. matter, except as specifically outlined herein in Paragraphs II(C) and III(B).
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Class Claims. “Class Claims” means all claims of liability that were or could 17 have been asserted in this Action based on the facts alleged in this Action, with respect to these pleaded 18 claims: (1) failure to pay overtime wages (Cal. Lab. Code § 1194), (2) failure to provide adequate wage 20 201, 202, 203), (4) failure to pay minimum wage (Cal. Lab. Code §§ 1197 and 204), and (5) unfair 21 business practices (Cal. Bus. & Prof. Code § 17200 et seq.).
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Class Claims. To the extent Licensee intends to make any claims in a Licensed Product label or Regulatory Filing that are class generic to CRISPR/Cas Technology, or any other Licensed Technology included in a Licensed Product, Licensee will provide such claims and Regulatory Filings to Company in advance and will consider in good faith any proposals and comments made by Company.
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Related to Class Claims

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • Derivative Claims Section 5. No Shareholder shall have the right to bring or maintain any court action, proceeding or claim on behalf of the Trust or any series or class of Shares without first making demand on the Trustees requesting the Trustees to bring or maintain such action, proceeding or claim. Such demand shall not be excused under any circumstances, including claims of alleged interest on the part of the Trustees, unless the plaintiff makes a specific showing that irreparable nonmonetary injury to the Trust or series or class of Shares would otherwise result. Such demand shall be mailed to the Secretary of the Trust at the Trust's principal office and shall set forth with particularity the nature of the proposed court action, proceeding or claim and the essential facts relied upon by the Shareholder to support the allegations made in the demand. The Trustees shall consider such demand within 45 days of its receipt by the Trust. In their sole discretion, the Trustees may submit the matter to a vote of Shareholders of the Trust or a series or class of Shares, as appropriate. Any decision by the Trustees to bring, maintain or settle (or not to bring, maintain or settle) such court action, proceeding or claim, or to submit the matter to a vote of Shareholders, shall be binding upon the Shareholders. Any decision by the Trustees to bring or maintain a court action, proceeding or suit on behalf of the Trust or a series or class of Shares shall be subject to the right of the Shareholders under Article V hereof to vote on whether or not such court action, proceeding or suit should or should not be brought or maintained.

  • 506(c) Claims Until the Discharge of Senior Obligations has occurred, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, agrees that it will not assert or enforce any claim under Section 506(c) of the Bankruptcy Code or any similar provision of any other Bankruptcy Law senior to or on a parity with the Liens securing the Senior Obligations for costs or expenses of preserving or disposing of any Shared Collateral.

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.

  • Uncontested Claims In the event that the Indemnification ------------------ Representative does not contest a Notice of Claim (an "Uncontested Claim") in ----------------- writing within thirty (30) calendar days after receipt by the Escrow Agent of such Notice of Claim, as provided below in Section 2.3(b), Parent may deliver to the Escrow Agent, with a copy to the Indemnification Representative, a written demand by Parent (a "Parent Demand") stating that a Notice of Claim has been ------------- given as required in this Escrow Agreement and that no notice of contest has been received by the Escrow Agent from the Indemnification Representative during the period specified in this Escrow Agreement, and further setting forth the proposed Escrow Adjustments to be made in accordance with this Section 2.3(a). Within thirty (30) calendar days after receipt by the Escrow Agent of the Parent Demand, the Indemnification Representative may object by a written notice delivered to Parent and the Escrow Agent to the computations or other administrative matters relating to the proposed Escrow Adjustments (but may not object to the validity or amount of the Claim previously disclosed in the Notice of Claim and not previously timely objected to under paragraph (b)), whereupon the Escrow Agent shall not make any of the Escrow Adjustments until either: (i) Parent and the Indemnification Representative shall have given the Escrow Agent written notice setting forth agreed Escrow Adjustments, or (ii) the matter is resolved as provided in Sections 2.3(b) and 2.3(c). Upon satisfaction of the foregoing, the Escrow Agent, as directed in writing by Parent, and Parent shall promptly take all steps to release the final Escrow Adjustments.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request.

  • Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Insured Claims To indemnify Indemnitee for expenses or liabilities of any type whatsoever (including, but not limited to, judgments, fines, ERISA excise taxes or penalties, and amounts paid in settlement) to the extent such expenses or liabilities have been paid directly to Indemnitee by an insurance carrier under a policy of officers’ and directors’ liability insurance maintained by the Company; or

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