Defendants and Class Sample Clauses

Defendants and Class. Counsel shall have the right, but no obligation, to review and comment on all appeals, obtain information and documents necessary to the appeals, and confer with the Settlement Administrator regarding determinations of appeals. The expense for each appeal to the Settlement Administrator shall be borne by Defendants. Class Counsel shall be able to spend reasonable time evaluating appeals and can be reimbursed for actual time spent reviewing those appeals, up to a cap of $600,000, so long as Class Counsel submit documentation to Hyundai and/or Kia that shows the time spent and identifies the appeals reviewed. These costs shall not be paid from the Common Fund. Instead, Defendants shall be responsible for paying these costs separately and in addition to any fees and costs awarded to Class Counsel.
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Defendants and Class. Counsel shall supervise the Claim Administrator in the performance of the Notice functions set forth in this Section IV. However, Settlement Class Members shall have no recourse as to the Released Parties with respect to any claims they may have that arise from any failure of the Notice process provided that the Released Parties comply with any obligations they have under this Section IV of this Settlement Agreement.
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Defendants and Class. Counsel will select an Independent Monitor to determine whether the obligations set forth in this Section have been fulfilled. The Independent Monitor’s review will be limited to review of: (1) the RFP, RFP responses, the Plan fiduciaries’ decision with respect to the recordkeeping RFP described in this Section, and the final executed contract; (2) a copy of any Plan amendments executed during the Settlement Period related to how fees are allocated to participants, the Company Stock Fund, or changes to plan core investment options; (3) a list of the Plans’ investment options, asset amounts, and fees charged; (4) invoices for service providers that provide services to any plan sponsored by International Paper in addition to the Plans, which reflect discounts from the service providers, how these discounts were calculated (including amount of assets applied to particular discount), and how the discounts were allocated among the plans; (5) participant communications required by Department of Labor regulations; and (6) information sufficient to determine whether any reimbursements paid to International Paper meet the requirements for reimbursement of direct expenses. The Independent Monitor will send to Defendants any request for information with a copy sent to Class Counsel. The Independent Monitor will report to Class Counsel and to Defendants only if it believes that, based on its review of the Affirmative Relief information, Defendants have materially failed to comply with any of the Affirmative Relief provisions of this Section.
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Defendants and Class. Members agree to a mutual arbitration clause that includes a 2 jury and class action waiver for certain claims. (SA § 7.1.5.) 3 The parties have submitted a declaration by an expert, C. Xxxx Xxxxxx, a Senior Managing 4 Director of FTI Consulting, Inc., that values the total gains to Class Members from the contract 5 changes at $15,547,489.
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Related to Defendants and Class

  • Defendant’s Guilty Plea The defendant agrees to and hereby does plead guilty to Count One of the indictment charging him with a violation of 18 U.S.C. § 371, that is, conspiracy. [A copy of the indictment setting forth the charge in Count One is incorporated by reference.] By entering into this plea agreement, the defendant admits that he knowingly committed this and is in fact guilty of this offense.

  • Defendants “Defendants” means Xxxx X. XXXX, Acting Secretary of Homeland Security, in his official capacity; Xxxxxxx XXXX, Attorney General of the United States, in his official capacity; Xxxxxxx X. XXXXXXX, Deputy Director for ICE (Senior Official Performing the Duties of the Director, ICE), in his official capacity; Xxxxxxx X. XXXXXXXXXX, Senior Official Performing the Duties of the Director, USCIS, in his official capacity; Xxxx X. XXXXXX, Acting Commissioner of CBP, in his official capacity; and Xxxxx XXXXXXX, Director of EOIR, in his official capacity.

  • Waiver of Jury Trial and Class Action Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity.

  • BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Plaintiffs Dated: Xxxxx Xxxxxxx by and through her Successor in Interest Xxxxx Xxxxxxx Dated: 5/15/2023 Xxxxxx Xxxxx by and through his Successor in Interest Xxxxxx Xxxxx Dated: Xxxxxx Xxxxxxx by and through his Successor in Interest Xxxx Xxxxxxx Dated: Xxxxxx Xxxxxxxx Dated: Xxxxxxx Xxxxxxxx by and through his Successor in Interest Xxxxxx Xxxxxxxx Dated: Xxxxxxx Xxxxxxxx by and through her Guardian ad Litem Xxxxxx Xxxxxx DocuSign Envelope ID: 2AA3F8C9-7439-440A-84AC-030939959524

  • Defendant shall make a good faith effort to issue a final decision on Xx. Xxxxx’x claim, if appropriate, as soon as practicable.

  • Defense of Third Party Claims Upon receipt by the Indemnifying Party of a notice from the Indemnified Party with respect to any claim of a third party against the Indemnified Party, for which the Indemnified Party seeks indemnification hereunder, the Indemnifying Party shall have the right to assume the defense of such claim, and the Indemnified Party shall cooperate to the extent reasonably requested by the Indemnifying Party in defense or prosecution thereof and shall furnish such records, information and testimony and attend all such conferences, discovery proceedings, hearings, trials and appeals as may be reasonably requested by the Indemnifying Party in connection therewith. If the Indemnifying Party shall elect to assume the defense of such claim, the Indemnified Party shall have the right to employ its own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of the Indemnified Party. If the Indemnifying Party has assumed the defense of any claim against the Indemnified Party, the Indemnifying Party shall have the right to settle any claim for which indemnification has been sought and is available hereunder; provided that, to the extent that such settlement requires the Indemnified Party to take, or prohibits the Indemnified Party from taking, any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party, such consent not to be unreasonably withheld, conditioned or delayed. If the Indemnifying Party does not assume the defense of a third party claim and disputes the Indemnified Party’s right to indemnification, the Indemnified Party shall have the right to assume control of the defense of such claim through counsel of its choice, the reasonable costs of which shall be at the Indemnifying Party’s expense in the event that the Indemnified Party’s right of indemnification is ultimately established through settlement, compromise or other legal proceeding. In no circumstance may the Indemnified Party compromise or settle a claim with a third party for which it seeks indemnification from the Indemnifying Party without first obtaining the prior written consent of the Indemnifying Party, such consent not to be unreasonably withheld, conditioned or delayed.

  • No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.

  • Class Actions The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

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