Common use of Exclusive and Continuing Jurisdiction Clause in Contracts

Exclusive and Continuing Jurisdiction. The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Settlement Agreement and its own orders and judgments. a. In the event of a breach of this Settlement Agreement by Plaintiffs, Generac, or a Settlement Class Member, the Court may exercise all of its equitable powers to enforce this Settlement Agreement and the Final Approval Order and Final Judgment irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance and injunctive relief. b. Generac, Class Counsel, and Plaintiffs agree, and Settlement Class Members and Claimants will be deemed to have agreed, to submit irrevocably to the exclusive jurisdiction of the Court for the resolution of any matter covered by this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment, or the applicability of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment. c. In the event that the provisions of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment are asserted by any Released Party as a ground for a defense, in whole or in part, to any claim or cause of action, or are otherwise raised as an objection in any other suit, action, or proceeding by any Releasing Party or any other Person covered by the Release, it is hereby agreed that the Released Party shall be entitled to seek an immediate stay of that suit, action, or proceeding until after the Court has entered an order or judgment determining any issues relating to the defense or objections based on such provisions. Plaintiffs and Class Counsel will not oppose such relief.

Exclusive and Continuing Jurisdiction. The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Settlement Agreement and its own orders and judgments. a. In the event of a breach of this Settlement Agreement by Plaintiffs, GeneracNIBCO, or a Settlement Class MemberMember of this Agreement, the Court may exercise all of its equitable powers to enforce this Settlement Agreement and the Final Approval Order and Final Judgment irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance and injunctive relief. b. GeneracNIBCO, Class Counsel, and Plaintiffs agree, and Settlement Class Members and Claimants will be deemed to have agreed, to submit irrevocably to the exclusive jurisdiction of the Court for the resolution of any matter covered by this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment, or the applicability of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment. c. All applications to the Court with respect to any aspect of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment shall be presented to and be determined by the Court for resolution. d. In the event that the provisions of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment are asserted by any Released Party as a ground for a defense, in whole or in part, to any claim or cause of action, or are otherwise raised as an objection in any other suit, action, or proceeding by any Releasing Party or any other Person covered by the Release, it is hereby agreed that the Released Party shall be entitled to seek an immediate stay of that suit, action, or proceeding until after the Court has entered an order or judgment determining any issues relating to the defense or objections based on such provisions. Plaintiffs and Class Counsel will not oppose such relief.

Exclusive and Continuing Jurisdiction. The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Settlement Agreement and its own orders and judgments. a. In the event of a breach of this Settlement Agreement by Plaintiffs, GeneracLG, or a Settlement Class MemberMember of this Agreement, the Court may exercise all of its equitable powers to enforce this Settlement Agreement and the Final Approval Order and Final Judgment irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance and injunctive relief. b. Generac, Class Counsel, and Plaintiffs The Parties agree, and Settlement Class Members and Claimants will be deemed to have agreed, to submit irrevocably to the exclusive jurisdiction of the Court for the resolution of any matter covered by this Settlement Agreement, the Release, or the Final Approval Order, or the Final Order and Judgment, or the applicability of this Settlement Agreement, the Release, or the Final Approval OrderOrder and Judgment. c. All applications to the Court with respect to any aspect of this Settlement Agreement, the Release, or the Final JudgmentApproval Order and Judgment shall be presented to and be determined by the Court for resolution. c. d. In the event that the provisions of this Settlement Agreement, the Release, or the Final Approval Order, or the Final Order and Judgment are asserted by any Released Party as a ground for a defense, in whole or in part, to any claim or cause of action, or are otherwise raised as an objection in any other suit, action, or proceeding by any Releasing Party or any other Person covered by the Release, it is hereby agreed that the Released Party shall be entitled to seek an immediate stay of that suit, action, or proceeding until after the Court has entered an order or judgment determining any issues relating to the defense or objections based on such provisions. Plaintiffs and Class Counsel will not oppose such relief.

Exclusive and Continuing Jurisdiction. The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Settlement Agreement and its own orders and judgments, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master. a. In the event of a breach of this Settlement Agreement by Plaintiffs, GeneracBow, or a Settlement Class Member, of this Agreement, the Court may exercise all of its equitable powers to enforce this Settlement Agreement and the Final Approval Order and Final Judgment irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance and injunctive relief. b. GeneracBow, Class Counsel, and Plaintiffs agree, and Settlement Class Members and Claimants will be deemed to have agreed, to submit irrevocably to the exclusive jurisdiction of the Court for the resolution of any matter covered by this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment, or the applicability of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment, subject to the provisions above regarding the Independent Engineering Consultant and the Special Master. c. All applications to the Court with respect to any aspect of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment shall be presented to and be determined by the Court for resolution. d. In the event that the provisions of this Settlement Agreement, the Release, the Final Approval Order, or the Final Judgment are asserted by any Released Party as a ground for a defense, in whole or in part, to any claim or cause of action, or are otherwise raised as an objection in any other suit, action, or proceeding by any Releasing Party or any other Person covered by the Release, it is hereby agreed that the Released Party shall be entitled to seek an immediate stay of that suit, action, or proceeding until after the Court has entered an order or judgment determining any issues relating to the defense or objections based on such provisions. Plaintiffs and Class Counsel will not oppose such relief.

Exclusive and Continuing Jurisdiction. The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, conditions and obligations of this Settlement Agreement and its own orders and judgments. a. 11.5.1 In the event of a breach of this Settlement Agreement by Plaintiffsthe Plaintiff, Generac, or a Settlement Class Member, Class Counsel or the Defendant of this Settlement Agreement, the Court may exercise all of its equitable powers to enforce this Settlement Agreement and the Final Settlement Approval Order and Final Judgment irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance and injunctive relief. b. Generac, Class Counsel, and Plaintiffs 11.5.2 The Parties agree, and Settlement Class Members and Claimants will be deemed to have agreed, to submit irrevocably to the exclusive jurisdiction of the Court for the resolution of any matter covered by this Settlement Agreement, the Settlement Release, the Final Approval Order, or the Final Judgment, Settlement Approval Order or the applicability of this Settlement Agreement, the ReleaseSettlement Release or the Settlement Approval Order. 11.5.3 All motions to the Court with respect to any aspect of this Settlement Agreement, the Final Approval Order, Settlement Release or the Final JudgmentSettlement Approval Order shall be presented to and be determined by the Court for resolution. c. 11.5.4 In the event that the provisions of this Settlement Agreement, the Release, the Final Approval Order, Settlement Release or the Final Judgment Settlement Approval Order are asserted by any Released Party as a ground for a defense, in whole or in part, to any claim or cause of action, or are otherwise raised as an objection in any other suit, action, action or proceeding by any Releasing Party or any other Person person covered by the Settlement Release, it is hereby agreed that the Released Party shall be entitled to seek an immediate stay of that suit, action, action or proceeding until after the Court has entered an order or judgment determining any issues relating to the defense or objections based on such provisions. Plaintiffs The Plaintiff and Class Counsel will not oppose such relief.