Conditional Class Certification Sample Clauses

Conditional Class Certification. The Parties reached this Agreement before Plaintiff filed a motion for class certification. Accordingly, Plaintiff shall include a request for conditional certification as part of her motion for Preliminary Approval that seeks certification of the Class for settlement purposes only. As a material part of this Settlement, Defendant, while reserving all defenses if this Agreement is not finally approved, hereby stipulates and consents, solely for purposes of and in consideration of the Settlement, to provisional certification of the Class. Defendant's stipulation and consent to class certification is expressly conditioned upon the entry of a Preliminary Approval Order, a Final Approval Order and Judgment, and as otherwise set forth in this Agreement. As part of its provisional stipulation, Defendant further consents to the appointment of Class Counsel and the Class Representative to represent the Class. The provisional certification of the Class, the appointment of the Class Representative, and the appointment of Class Counsel shall be binding only with respect to this Settlement and this Agreement. If the Court fails to enter a Preliminary Approval Order or a Final Approval Order and Judgment, or if this Agreement and the Settlement proposed herein is terminated, canceled, or fails to become effective for any reason whatsoever, or the Court enters any order that increases the cost or burden of the Settlement on Defendant beyond what is set forth in this Agreement, the class certification to which the Parties have stipulated solely for the purposes of this Settlement, this Agreement, and all of the provisions of any Preliminary Approval Order or any Final Approval Order shall be vacated by their own terms and the Litigation will revert to its status as it existed prior to the date of this Agreement with respect to class certification, the appointment of the Class Representative, and the appointment of Class Counsel. In that event, Defendant shall retain all rights it had immediately preceding the execution of this Agreement to object to the maintenance of the Litigation as a class action, the appointment of the Class Representative, and the appointment of Class Counsel and, in that event, nothing in this Agreement or other papers or proceedings related to this Settlement shall be used as evidence or argument by any of the Parties concerning whether the Litigation may properly be maintained as a class action under applicable law, whether the Class Representat...
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Conditional Class Certification. The Parties agree and stipulate to Conditional Class Certification of the Class Members for purposes of this Agreement only. Should, for any reason, this Agreement not become final, or if disposition of this Action is not effectuated by this Agreement, the Parties’ stipulation to Conditional Class Certification shall become null and void and shall automatically be vacated, and shall have no bearing on and shall not be admissible in connection with the issue of whether or not class certification would be appropriate in any subsequent proceeding in this Action or in any other action. If this Agreement does not become final, or if disposition of this Action is not effectuated by this Agreement, Defendants, Plaintiff, and the Class will be returned to their positions with respect to the Action as if the Agreement had not been entered into and Defendants shall have, and hereby reserve, all rights to defend against Plaintiff’s allegations and challenge certification of a class and/or representative treatment for all purposes in this Action on all available grounds as if no settlement class had been certified or representative action had been approved in the Action. If this Agreement does not become final, or if disposition of this Action is not effectuated by this Agreement, the Parties and their Counsel further agree that they will not offer or make reference to this Conditional Class Certification for purposes in any subsequent proceeding in this Action (except for purposes of having this Agreement approved by the Court) or in any other action.
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Conditional Class Certification. Civil Action No. 94-2458-CA-01, styled XXXXXXX XXXXXXXX and XXXXXXXXX XXXXXXXX, his wife, et al. v. LOUISIANA-PACIFIC CORPORATION, a Delaware Corporation, et al., shall be maintained as a class action on behalf of the following class of plaintiffs: All persons and entities throughout the state of Florida who own real property which has Louisiana-Pacific Inner-Seal Siding as their exterior siding material on that real proeprty. The Class does not include the following: 1. Property owners who have previously signed full releases of claims against Louisiana-Pacific and received compensation for all owned square footage of siding material; 2. Property owners who have executed arbitration agreements with Louisiana-Pacific or have participated in arbitration with Louisiana-Pacific with respect to all owned square footage of exterior siding material; EXHIBIT A 3. Property owners who are parties to lawsuits as of the date of filing, October 19, 1994, of the Class Action Petition; however, such property owners may choose to designate themselves affirmatively as members of the Class within 100 days after issuance of this notice. 4. Property owners who have removed or replaced their L-P exterior siding with a product other than L-P exterior siding before the independent adjuster has had the opportunity to make the inspection on the proeprty as contemplated by the Settlement Agreement. with respect to the following causes of action: Any claims for damages, injunctive relief, or any other claim, legal or equitable in nature under federal or state law premised upon an alleged defect or breach of warranty in connection with the design, manufacture, marketing, sale of, or representations regarding L-P Inner-Seal Siding, soffit, trim or facia. Such certification is conditional upon the final approval by this Court after a hearing for fairness and acceptance of the Settlement Agreement.
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Conditional Class Certification. The Parties are agreeing to class certification for settlement purposes only. This Agreement shall not constitute, in this or any other proceeding, an admission of any kind by Defendants, including without limitation, that certification of a class for trial or any other purpose is appropriate or proper or that Plaintiff can establish any of the requisite elements for class or representative treatment of any of the claims in the Action. If, for any reason, the Settlement is not approved, this Agreement will be void and the Parties will be restored to their respective positions as if they had not entered into the Agreement. The Parties further agree that this Agreement will not be admissible in this or any other proceeding as evidence that either (i) a class action should be certified or not decertified, or that this matter may proceed as a representative action; or (ii) Defendants are liable to Plaintiff or any Class Member or any PAGA Member other than according to the Settlement’s terms. In the event that the Settlement is not approved or otherwise voided, Defendants expressly reserve all rights to challenge certification of a class, or Plaintiff’s ability to maintain a representative action, for all purposes.
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Conditional Class Certification certification of the proposed Settlement Classes solely for the purposes of implementation, approval and consummation of the Settlement, as further defined in Paragraph III herein.
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Conditional Class Certification. The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.
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Conditional Class Certification. The Parties stipulate and agree to the certification of the Settlement Class for purpose of this Agreement only. In the event the settlement does not become final for whatever reason, the fact that the Parties were willing to stipulate to class certification as part of the settlement shall have no bearing on, and will not be admissible in connection with, the issue of whether any class should be certified in any subsequent proceeding. The Parties and their counsel further agree that they will not offer or make reference to this provisional stipulation to class certification for purposes of settlement in any subsequent proceeding in this action (except for purposes of having this settlement approved by the Court) or any other action.
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Related to Conditional Class Certification

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Exhibit D - Debarment Certification By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below.

  • OFAC Certification Company certifies that (i) it is not acting on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department, through its Office of Foreign Assets Control (“OFAC”) or otherwise, as a terrorist, “Specially Designated Nation”, “Blocked Person”, or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by OFAC or another department of the United States government, and (ii) Company is not engaged in this transaction on behalf of, or instigating or facilitating this transaction on behalf of, any such person, group, entity or nation.

  • Eligibility Certification A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the Specifications or request for proposals on which the bid or contract is based. The Texas Government Code requires the following statement: “Under Section 2155.004, Texas Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

  • CLEC Certification 8.1 Notwithstanding any other provision of this Agreement, CenturyLink shall have no obligation to perform under this Agreement until such time as CLEC has obtained such FCC and Commission authorization(s) as may be required by Applicable Law for conducting business in the State as a competitive local exchange carrier. CLEC shall not be permitted to establish its account nor place any orders under this Agreement until it has obtained such authorization and provided proof of such to CenturyLink. For the life of this Agreement, CLEC must represent and warrant to CenturyLink that it remains a certified local provider of Telephone Exchange Service within CenturyLink’s Local Calling Area(s) in the State. At any time during the life of this Agreement, CLEC will provide a copy of its current Certificate of Operating Authority or other evidence of its status to CenturyLink upon request. CLEC’s failure to maintain such authorization(s) as may be required by Applicable Law for conducting business in the State as a CLEC shall be considered a Default of Agreement.

  • AS9100 Certification ‌ AS9100 Certification, specifies requirements for a quality management system to demonstrate the Contractor’s ability to consistently meet the customer requirements as well as statutory and regulatory requirements for the aerospace industry. An AS9100 Certification, is not mandatory; however, Contractors who desire to compete for work within the aerospace industry are encouraged to have AS9100 Certification, during the entire term of OASIS. The Contractor shall notify the OASIS CO, in writing, if there are any changes in the status of their AS9100 Certification, and provide the reasons for the change and copies of audits from an AS9100 Certification Body, as applicable. If only part of a Contractor’s organization is AS9100, certified, the Contractor shall make the distinction between which business units or sites and geographic locations have been certified.

  • NON-SUSPENSION OR DEBARMENT CERTIFICATION The City of Xxxxxx is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Xxxxxx Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Xxxxxx.

  • Non-compliance Penalty Certificate If any Non-compliance Penalty arises, the Supplier Development Manager shall issue a Non- compliance Penalty Certificate on the last day of each month during such Non-compliance indicating the Non-compliance Penalties which have accrued during that period.

  • Debarment Certification The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof.

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