Confidentiality of Settlement Negotiations. All negotiations and proceedings pursuant to Paragraph 2 above are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law.
Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all positions and offers made during settlement negotiations relating to the Class Actions and the Settlement Agreement, except that they may discuss the negotiations with the Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, provided in each case that they (a) secure written agreements with such persons or entities that such information shall not be further disclosed, and (b) comply with this Article 12 in all other respects.
Confidentiality of Settlement Negotiations. The Parties to this Agreement agree to keep strictly confidential and not disclose to any third party any non-public information regarding the Parties’ negotiation of this Settlement and/or this Agreement. For the sake of clarity, information contained within this Agreement shall be considered public, as well as any information requested by the Court in the approval process and other such information necessary to implement this Settlement, provided such information is filed (and is not under seal) and/or is not considered to be confidential under the Parties’ protective orders in this Action.
Confidentiality of Settlement Negotiations. Class Plaintiffs’ Co-Lead Counsel and Plaintiffs’ Counsel shall keep strictly confidential and not disclose to any third party any non-public information regarding the parties’ negotiation of this settlement and/or this Settlement Agreement. For the sake of clarity, information contained within this Settlement Agreement shall be considered public once signed by all parties hereto.
Confidentiality of Settlement Negotiations. Class Counsel shall keep strictly confidential and not disclose to any third party, including specifically any counsel representing any other current, future, or former party to the Action, any non-public information regarding the Settling Parties’ negotiation of the settlement or the Settlement Agreement, except that the Settling Parties may file under seal any documents concerning this settlement or the negotiation of the Settlement Agreement in connection with a motion or proceeding to enforce or contest the terms of this Settlement Agreement. Information contained within this Settlement Agreement shall be considered public, and each Settling Defendant reserves the right to issue a press release regarding execution of the Settlement Agreement and the amount paid in connection with the Settlement Agreement.
Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, and offers made during settlement negotiations relating to the Class Action and the Settlement Agreement. Accordingly, neither the negotiations, nor any agreement between the Settling Parties (including November 12, 2020 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (vii) as otherwise required by law. Provided however, that any such person or entity to whom information is disclosed must promise in writing: (a) that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Court.
Confidentiality of Settlement Negotiations. Class Counsel shall keep strictly confidential and not disclose to any third party, including specifically any counsel representing any other current, future, or former party to the Action, any non-public information regarding the Settling Parties’ negotiation of the settlement or the Settlement Agreement, except that the Settling Parties may file under seal any documents concerning this settlement or the negotiation of the Settlement Agreement in connection with a motion or proceeding to enforce or contest the terms of this Settlement Agreement. Information contained within this Settlement Agreement shall be considered public. After Preliminary Approval, the Settling Parties reserve the right to issue a press release regarding execution of the Settlement Agreement and the amount paid in connection with the Settlement Agreement. The Settling Parties agree that before Preliminary Approval of the Settlement Agreement, they shall not publish, issue, or cause to be issued any such press release concerning the Settlement Agreement. In response to media inquiries, the Settling Parties, and their counsel, agree to limit their response to “the parties have reached an agreement to settle the matter.” However, the Settling Parties agree that nothing in this paragraph precludes or limits Defendants from communicating with their employees, limited partners, investors, or insurers about the Settlement Agreement as they deem appropriate in their sole discretion, and as contemplated by the prospective relief provisions in Paragraph 33 of this Settlement Agreement.
Confidentiality of Settlement Negotiations. Other than necessary disclosures made to the Court or as mutually agreed to by the Parties, the content of the Parties’ settlement negotiations and any documents produced in connection therewith or in connection with this Settlement Agreement shall be held confidential by the Settling Parties and their respective counsel.
Confidentiality of Settlement Negotiations. Chase provides its consent to Settlement Class Counsel to describe the Settlement Class Member loan data, and Settlement Class Counsel’s analysis of that loan data, provided by Chase to Settlement Class Counsel during settlement negotiations for the purposes of moving for preliminary and final approval of the Settlement. Except as provided in this Paragraph, the Parties to this Agreement agree to keep strictly confidential and not disclose to any third party any non- public information regarding the Parties’ negotiation of this Settlement and/or this Agreement. For the sake of clarity, information contained within this Agreement shall be considered public, as well as any information necessary to explain the relative value of the Settlement as compared to potential Settlement Class damages or any information requested by the Court in the approval process and other such information necessary to implement this Settlement, provided such information is filed (and is not under seal) and/or is not considered to be confidential under the Parties’ protective orders in this Action. 125. Press Release. Plaintiffs and Chase will not issue press releases, contact the media, or otherwise seek to publicize the case or the terms of the Settlement beyond what is required to effectuate the Settlement, e.g., providing Class Notices to the Settlement Class Members. Settlement Class Counsel and Chase’s counsel do not presently intend to issue press releases, contact the media, or otherwise seek to publicize the case or the terms of the Settlement beyond what is required to effectuate the Settlement, e.g., providing Class Notices to the Settlement Class Members. Nothing in this paragraph, or elsewhere in this Agreement, shall prevent Settlement Class Counsel from: discharging their duties to Settlement Class Members; responding to media inquiries; discussing the Settlement with Plaintiffs, Settlement Class Members, or the Court; disclosing public information about the case on a resume, curriculum vitae, firm website, in other promotional materials, or in future legal filings; or responding to government inquiries. Public information about this Action and the Settlement placed on Settlement Class Counsel’s or Chase’s counsel’s firm websites shall not be considered a press release as discussed in this Paragraph.
Confidentiality of Settlement Negotiations. Class Counsel shall keep strictly confidential and not disclose to any third party, including specifically any counsel representing any other current or former party to the Action, any non-public information regarding the Settling Parties’ negotiation of this settlement and/or the Settlement Agreement, except that the Settling Parties may file under seal any documents concerning this Settlement or the negotiation Case 3:14-cv-03264-JD Document 1989-3 Filed 12/21/17 Page 33 of 34
