Conditional Nature of Settlement. 24 Class Representatives initiated a Lawsuit asserting the Alleged Claims (all terms defined 25 below). This Settlement is made in compromise of the Alleged Claims between Class 26 Representatives and BMO, as successor in interest to BOTW. This Agreement is made for the 27 sole purpose of settling the Lawsuit on a class-wide basis. The Parties enter into this Agreement 1 Capitalized terms are defined in Section 3 unless otherwise noted. 1 on a conditional basis. 2 Furthermore, in the event that the Court does not enter the Final Approval Order, or a 3 Judgment is not entered in the Lawsuit, or the conditions precedent are not met for any reason, 4 this Settlement shall be deemed null and void ab initio, it shall be of no force or effect 5 whatsoever, it shall not be referred to or utilized for any purpose whatsoever, and the negotiations, 6 terms and entry of the Agreement shall remain subject to the provisions of California Evidence 7 Code sections 1119 and 1152 and any other analogous rules of evidence that might apply. 8 Notwithstanding this provision, the Parties hereby stipulate that the terms of Section 16.12 shall 9 survive and be admissible in evidence even if the Settlement does not become final. 10 BMO, as successor in interest to XXXX, denies all claims as to liability, damages, 11 penalties, interest, fees, restitution, injunctive relief, and all other forms of relief as well as the 12 class allegations asserted in the Complaint. BMO has agreed to resolve the Alleged Claims 13 through this Settlement, but to the extent this Settlement is deemed void, BMO does not waive, 14 but rather expressly reserves, all rights to challenge all such claims and allegations in the 15 Complaint upon all procedural and factual grounds, including without limitation the ability to 16 challenge class, collective, and representative action treatment on any grounds, as well as 17 asserting any and all other potential defenses or privileges. Class Representatives and Class 18 Counsel agree that BMO retains and reserves these rights. Specifically, Class Representatives and 19 Class Counsel agree not to argue or present any argument that, in the event this Settlement is not 20 approved in full, that BMO could not file a motion for decertification, contest any class action 21 certification on any grounds, or assert any and all other potential defenses and privileges if this 22 Lawsuit were to proceed, on the basis that BMO previously entered into this Settlement. Class 2...
Conditional Nature of Settlement. For settlement purposes only, the Parties agree that (a) a class may be certified in the Action pursuant to California Code of Civil Procedure Section 382, and (b) the Action may proceed as a PAGA representative action.
Conditional Nature of Settlement. Defendant and Plaintiffs shall each have the right to terminate the Settlement by providing written notice of their election to do so to the other within thirty (30) days of: (a) the Court’s declining to enter the Preliminary Approval Order in any material respect; (b) the Court’s refusal to approve this Settlement Agreement or any material part of it; (c) the Court’s declining to enter the Final Approval Order in any material respect; (d) the date upon which the Final Approval Order is modified or reversed in any material respect by the Court of Appeals or the Supreme Court; or (e) in the event that the Court enters an order and final judgment in a form other than that provided above (“Alternative Judgment”) and none of the parties hereto elect to terminate this Settlement, the date that such Alternative Judgment is modified or reversed in any material respect by the Court of Appeals or the Supreme Court.
Conditional Nature of Settlement
